H. R. 3116

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

Making appropriations for the Department of Defense for the fiscal year ending

September 30, 1994, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 1994, for military functions administered by the Department

of Defense, and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, interest on deposits,

gratuities, permanent change of station travel (including all

expenses thereof for organizational movements), and expenses of

temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and

for payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense

Military Retirement Fund; $21,296,177,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all

expenses thereof for organizational movements), and expenses of

temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve

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

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

amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense

Military Retirement Fund; $18,330,950,000.

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, interest on deposits,

gratuities, permanent change of station travel (including all

expenses thereof for organizational movements), and expenses of

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00001 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—2

temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the

Reserve provided for elsewhere); and for payments pursuant to

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

note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)),

and to the Department of Defense Military Retirement Fund;

$5,772,317,000.

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, interest on deposits,

gratuities, permanent change of station travel (including all

expenses thereof for organizational movements), and expenses of

temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve

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

and for payments pursuant to section 156 of Public Law 97–377,

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

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

Military Retirement Fund; $15,823,030,000.

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Army Reserve on active

duty under sections 265, 3021, and 3038 of title 10, United States

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

10, United States Code, in connection with performing duty specified

in section 678(a) of title 10, United States Code, or while undergoing

reserve training, or while performing drills or equivalent duty or

other duty, and for members of the Reserve Officers’ Training

Corps, and expenses authorized by section 2131 of title 10, United

States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $2,149,147,000.

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Navy Reserve on active

duty under section 265 of title 10, United States Code, or while

serving on active duty under section 672(d) of title 10, United

States Code, in connection with performing duty specified in section

678(a) of title 10, United States Code, or while undergoing reserve

training, or while performing drills or equivalent duty, and for

members of the Reserve Officers’ Training Corps, and expenses

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

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

Military Retirement Fund; $1,555,800,000.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Marine Corps Reserve

on active duty under section 265 of title 10, United States Code,

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

United States Code, in connection with performing duty specified

in section 678(a) of title 10, United States Code, or while undergoing

reserve training, or while performing drills or equivalent duty,

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00002 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—3

and for members of the Marine Corps platoon leaders class, and

expenses authorized by section 2131 of title 10, United States

Code, as authorized by law; and for payments to the Department

of Defense Military Retirement Fund; $350,890,000.

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Air Force Reserve on

active duty under sections 265, 8021, and 8038 of title 10, United

States Code, or while serving on active duty under section 672(d)

of title 10, United States Code, in connection with performing

duty specified in section 678(a) of title 10, United States Code,

or while undergoing reserve training, or while performing drills

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

Reserve Officers’ Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law;

and for payments to the Department of Defense Military Retirement

Fund; $781,958,000.

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Army National Guard

while on duty under section 265, 3021, or 3496 of title 10 or

section 708 of title 32, United States Code, or while serving on

duty under section 672(d) of title 10 or section 502(f) of title 32,

United States Code, in connection with performing duty specified

in section 678(a) of title 10, United States Code, or while undergoing

training, or while performing drills or equivalent duty or other

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

States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $3,340,283,000.

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Air National Guard on

duty under section 265, 8021, or 8496 of title 10 or section 708

of title 32, United States Code, or while serving on duty under

section 672(d) of title 10 or section 502(f) of title 32, United States

Code, in connection with performing duty specified in section 678(a)

of title 10, United States Code, or while undergoing training, or

while performing drills or equivalent duty or other duty, and

expenses authorized by section 2131 of title 10, United States

Code, as authorized by law; and for payments to the Department

of Defense Military Retirement Fund; $1,223,492,000.

TITLE II

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Army, as authorized by law;

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00003 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—4

and not to exceed $14,437,000 can be used for emergencies and

extraordinary expenses, to be expended on the approval or authority

of the Secretary of the Army, and payments may be made on

his certificate of necessity for confidential military purposes;

$15,802,057,000 and, in addition, $150,000,000 shall be derived

by transfer from the National Defense Stockpile Transaction Fund:

Provided, That $450,000 shall be made available only for the 1994

Memorial Day Celebration and $450,000 shall be made available

only for the 1994 Capitol Fourth Project: Provided further, That

of the funds appropriated in this paragraph, not less than

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

only for a study on the effects of depleted uranium on the environment: Provided further, That of the funds appropriated in this

paragraph, $500,000 shall be available only for a study of the

effects of uranium milling, including exposure to radon chemicals

and uranium, on the health of those individuals employed in uranium mills in the southwestern United States during the period

beginning on January 1, 1947 and ending on December 31, 1971.

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Navy and the Marine Corps,

as authorized by law; and not to exceed $4,667,000 can be used

for emergencies and extraordinary expenses, to be expended on

the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential

military purposes; $19,860,309,000 and, in addition, $150,000,000

shall be derived by transfer from the National Defense Stockpile

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

to connect residences located in the vicinity of the Naval Air Warfare

Center, Warminster, to the Warminster municipal water supply

system: Provided further, That of the funds appropriated under

this heading, not less than $56,442,500 shall be made available

only for the Pacific Missile Range Facility, Hawaii: Provided further,

That for costs associated with the termination of the planned MHC

facility in Astoria, Oregon, $2,000,000 shall be made available only

to the State of Oregon within 60 days after enactment of this

Act for the Marine and Environment Station at South Tongue

Point, Oregon, and of this amount, $500,000 shall be made available

for program development.

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Marine Corps, as authorized

by law; $1,857,699,000.

OPERATION AND MAINTENANCE, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Air Force, as authorized by law;

and not to exceed $8,787,000 can be used for emergencies and

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00004 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—5

extraordinary expenses, to be expended on the approval or authority

of the Secretary of the Air Force, and payments may be made

on his certificate of necessity for confidential military purposes;

$19,093,805,000 and, in addition, $200,000,000 shall be derived

by transfer from the National Defense Stockpile Transaction Fund:

Provided, That $15,500,000 shall be used only to operate, maintain

and enhance the Tactical Interim CAMS and REMIS Reporting

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

reestablished, with direct maintenance data input, as the supporting

system for at least one wing each of F–15, F–16, and F–117A

aircraft by no later than May 31, 1994: Provided further, That

TICARRS–92 be reestablished, with direct maintenance data input,

as the supporting system for all F–15, F–16, and F–117A aircraft

by no later than August 31, 1994: Provided further, That none

of the funds appropriated or otherwise made available under this

Act shall be used to operate, maintain or otherwise support an

automated maintenance management system for F–15, F–16, and

F–117A aircraft other than TICARRS–92 after August 31, 1994:

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

not more than $9,538,000 shall be available only for a grant to

the Women in Military Service For America Memorial Foundation,

Inc., to be used solely to perform the repair, restoration, and

preservation of the main gate structures, center plaza, and

Homicycle of the Arlington National Cemetery, and these funds

shall be made available solely for project costs and none of the

funds are for remuneration of any entity or individual associated

with fund raising for the project: Provided further, That of the

funds appropriated under this heading, $5,000,000 shall be made

available only for continued environmental restoration of the former

Olmsted Air Force Base, Pennsylvania.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses, not otherwise provided for, necessary for the

operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; $9,456,801,000, of which not to exceed $25,000,000

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

which not to exceed $19,422,000 can be used for emergencies and

extraordinary expenses, to be expended on the approval or authority

of the Secretary of Defense, and payments may be made on his

certificate of necessity for confidential military purposes: Provided,

That of the funds appropriated in this paragraph, $10,000,000

shall be made available for activities to support the clearing of

landmines for humanitarian purposes: Provided further, That of

the funds appropriated under this heading, $48,000,000 shall be

made available only for aiding school districts in accordance with

authority granted under Public Law 81–874: Provided further, That

of the funds appropriated in this paragraph, not less than

$50,000,000 shall be made available only for the Legacy Resource

Management Program, of which not less than $200,000 shall be

made available for the Legacy Resource Management Program

fellowships: Provided further, That notwithstanding the provisions

of the Federal Cooperative Grant and Agreement Act of 1977 (31

U.S.C. 6303–6308), the Department of Defense may hereafter negotiate and enter into cooperative agreements and grants with public

and private agencies, organizations, institutions, individuals or

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00005 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—6

other entities to implement the purposes of the Legacy Resource

Management Program: Provided further, That of the funds appropriated under this heading, $10,000,000 shall be made available

only for the repair and maintenance of federally owned education

facilities located on military installations: Provided further, That

of the funds appropriated under this heading, $1,000,000 shall

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

of Defense for the exploitation of captured Iraqi Government documents relating to the Kurds and other minorities of northern Iraq:

Provided further, That the funds in the preceding proviso may

be made available for personal service contracts of Arabic-language

linguists and may be exempt from competitive bidding requirements: Provided further, That of the funds appropriated under

this heading, $1,000,000 shall be made available only for the

Defense Mapping Agency to evaluate and procure available imagery

photographs and materials from successor states of the former

Soviet Union: Provided further, That the Director of the Defense

Mapping Agency shall report to the Congressional Defense Committees the availability of such imagery materials, priorities for acquisition and the process for the dissemination of such materials to

Federal agencies, State and local authorities, academic institutions

and the private sector not later than March 15, 1994.

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications; $1,075,140,000.

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications; $763,137,000: Provided, That operational control of the Naval Reserve Personnel Center, including

its functions and responsibilities, shall be under the command and

control of the Commander, Naval Reserve Command.

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Marine Corps Reserve; repair of facilities

and equipment; hire of passenger motor vehicles; travel and

transportation; care of the dead; recruiting; procurement of services,

supplies, and equipment; and communications; $83,130,000.

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Air Force Reserve; repair of facilities and

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00006 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—7

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $1,335,354,000.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger

motor vehicles; personnel services in the National Guard Bureau;

travel expenses (other than mileage), as authorized by law for

Army personnel on active duty, for Army National Guard division,

regimental, and battalion commanders while inspecting units in

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying

and equipping the Army National Guard as authorized by law;

and expenses of repair, modification, maintenance, and issue of

supplies and equipment (including aircraft); $2,230,419,000: Provided, That of the funds appropriated in this paragraph,

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

Outreach Program in the Los Angeles School District: Provided

further, That of the funds appropriated under this heading,

$3,000,000 shall be made available only for the MEDRETES

program.

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For operation and maintenance of the Air National Guard,

including medical and hospital treatment and related expenses

in non-Federal hospitals; maintenance, operation, repair, and other

necessary expenses of facilities for the training and administration

of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of

things; hire of passenger motor vehicles; supplies, materials, and

equipment, as authorized by law for the Air National Guard; and

expenses incident to the maintenance and use of supplies, materials,

and equipment, including such as may be furnished from stocks

under the control of agencies of the Department of Defense; travel

expenses (other than mileage) on the same basis as authorized

by law for Air National Guard personnel on active Federal duty,

for Air National Guard commanders while inspecting units in

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau;

$2,632,298,000: Provided, That of the funds appropriated under

this heading, $10,000,000 shall be made available only for the

operation of Air National Guard C–130 operational support aircraft

of the 159th Air National Guard Fighter Group, the 169th Air

National Guard Fighter Group, and the 118th Airlift Wing.

NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY

For the necessary expenses and personnel services (other than

pay and non-travel-related allowances of members of the Armed

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

components thereof called or ordered to active duty to provide

support for the national matches) in accordance with law, for operation and maintenance of rifle ranges; the instruction of citizens

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00007 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—8

in marksmanship; the promotion of rifle practice; the conduct of

the national matches; the sale of ammunition under the authority

of title 10, United States Code, sections 4308 and 4311; the travel

of rifle teams, military personnel, and individuals attending

regional, national, and international competitions; and the payment

to competitors at national matches under section 4312 of title

10, United States Code, of subsistence and travel allowances under

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

$2,483,000.

COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the United States

Court of Military Appeals; $5,855,000, of which not to exceed $2,500

can be used for official representation purposes.

ENVIRONMENTAL RESTORATION, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense; $1,962,300,000, to remain available until transferred: Provided, That the Secretary of Defense

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,

removal of unsafe buildings and debris of the Department of

Defense, or for similar purposes (including programs and operations

at sites formerly used by the Department of Defense), transfer

the funds made available by this appropriation to other appropriations made available to the Department of Defense as the Secretary

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

same purposes and for the same time period as the appropriations

of funds to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such

amounts may be transferred back to this appropriation: Provided

further, That of the funds provided under this heading, not less

than $200,000,000 shall be available only for the expedited cleanup

of environmentally contaminated sites and only in accordance with

a comprehensive plan submitted to Congress by the Secretary of

Defense.

SUMMER OLYMPICS

For logistical support and personnel services (other than pay

and nontravel related allowances of members of the Armed Forces

of the United States, except for members of the reserve components

thereof called or ordered to active duty to provide support for

the 1996 Games of the XXVI Olympiad to be held in Atlanta,

Georgia) provided by any component of the Department of Defense

to the 1996 Games of the XXVI Olympiad; $2,000,000.

WORLD CUP USA 1994

For logistical support and personnel services (other than pay

and nontravel related allowances of members of the Armed Forces

of the United States, except for members of the reserve components

thereof called or ordered to active duty to provide support for

the World Cup USA 1994) provided by any component of the Department of Defense to the World Cup USA 1994; $6,000,000.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00008 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—9

HUMANITARIAN ASSISTANCE

For transportation for humanitarian relief for the people of

Afghanistan, the Kurdish population and other minorities of northern Iraq, and the people of sub-Saharan Africa, acquisition and

shipment of transportation assets to assist in the distribution of

such relief, and for transportation and distribution of humanitarian

relief supplies, and excess non-lethal property; $48,000,000, to

remain available for obligation until September 30, 1995: Provided,

That of the funds appropriated under this heading, $30,000,000

shall be made available only for Kurdish relief activities, of which

$15,000,000 shall be made available for a 1993–1994 winterization

relief program.

FORMER SOVIET UNION THREAT REDUCTION

For assistance to the republics of the former Soviet Union,

including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and

storage of nuclear, chemical and other weapons; for providing incentives for demilitarization; for establishing programs to prevent the

proliferation of weapons, weapons components, and weapons-related

technology and expertise; for expansion of military-to-military contacts; for supporting the conversion of military technologies and

capabilities into civilian activities; and for retraining military

personnel of the former Soviet Union; $400,000,000, to remain

available until expended: Provided, That of the funds appropriated

under this heading, $10,000,000 shall be made available only for

the continuing study, assessment, and identification of nuclear

waste disposal by the former Soviet Union in the Arctic region:

Provided further, That the transfer authority provided in section

9110(a) of the Department of Defense Appropriations Act, 1993,

shall continue to be in effect during fiscal year 1994: Provided

further, That any transfer made under the foregoing proviso in

this paragraph shall be subject to the limitations and the reporting

requirements stipulated in section 8006 of this Act: Provided further, That the Director of Central Intelligence shall report to the

President and the Congressional defense, foreign affairs, and intelligence committees on the current status of intercontinental ballistic

missile development and production in states eligible for assistance

under this heading: Provided further, That none of the funds appropriated under this heading may be expended or transferred to

an otherwise eligible recipient state if the President concludes,

and notifies the Congressional defense, foreign affairs, and intelligence committees in a written report, that the potential recipient

is currently engaged in the production of a new road mobile or

fixed-site land based intercontinental ballistic missile armed with

multiple nuclear re-entry vehicles.

TITLE III

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, ground

handling equipment, spare parts, and accessories therefor; special21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00009 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—10

ized equipment and training devices; expansion of public and private

plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes; $1,320,886,000, to

remain available for obligation until September 30, 1996.

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of missiles, equipment, including ordnance, ground

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private

plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes; $1,094,309,000, to

remain available for obligation until September 30, 1996.

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,

ARMY

For construction, procurement, production, and modification

of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and

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

prosecuted thereon prior to approval of title; and procurement and

installation of equipment, appliances, and machine tools in public

and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the

foregoing purposes; $888,817,000, to remain available for obligation

until September 30, 1996.

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification

of ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854, title 10, United

States Code, and the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes; $735,445,000, to

remain available for obligation until September 30, 1996.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00010 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—11

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification

of vehicles, including tactical, support, and nontracked combat

vehicles; the purchase of not to exceed 16 passenger motor vehicles

for replacement only; communications and electronic equipment;

other support equipment; spare parts, ordnance, and accessories

therefor; specialized equipment and training devices; expansion of

public and private plants, including the land necessary therefor,

for the foregoing purposes, and such lands and interests therein,

may be acquired, and construction prosecuted thereon prior to

approval of title; and procurement and installation of equipment,

appliances, and machine tools in public and private plants; reserve

plant and Government and contractor-owned equipment layaway;

and other expenses necessary for the foregoing purposes;

$2,892,766,000, to remain available for obligation until September

30, 1996.

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, spare

parts, and accessories therefor; specialized equipment; expansion

of public and private plants, including the land necessary therefor,

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

construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway;

$5,704,220,000, to remain available for obligation until September 30, 1996.

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of missiles, torpedoes, other weapons, other ordnance

and ammunition, and related support equipment including spare

parts, and accessories therefor; expansion of public and private

plants, including the land necessary therefor, and such lands and

interests therein, may be acquired, and construction prosecuted

thereon prior to approval of title; and procurement and installation

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

plants; reserve plant and Government and contractor-owned equipment layaway; $2,986,720,000, to remain available for obligation

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

in this paragraph, $1,028,596,000 shall not be obligated or expended

for procurement or advance procurement of Trident II missiles

unless the President has certified to Congress that the other signatories to the START treaty have rejected a United States proposal

to the Joint Compliance and Inspection Commission that ‘‘detubing’’

be accepted as an option for eliminating SLBM launchers under

START II or until the President has certified to Congress that

such course of action would not be in the national interest.

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or

conversion of vessels as authorized by law, including armor and

armament thereof, plant equipment, appliances, and machine tools

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00011 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—12

and installation thereof in public and private plants; reserve plant

and Government and contractor-owned equipment layaway;

procurement of critical, long leadtime components and designs for

vessels to be constructed or converted in the future; and expansion

of public and private plants, including land necessary therefor,

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

construction prosecuted thereon prior to approval of title, as follows:

Refueling overhauls, $31,127,000;

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

LHD–1 amphibious assault ship program, $893,848,000,

and in addition, $50,000,000 for advance procurement on the

LHD–7 amphibious assault ship;

Mine warfare command and control ship, $124,175,000;

Oceanographic ship program, $110,049,000;

For craft, outfitting, post delivery, and first destination

transportation, $343,104,000;

In all: $4,195,075,000, to remain available for obligation until

September 30, 1998: Provided, That additional obligations may

be incurred after September 30, 1998, for engineering services,

tests, evaluations, and other such budgeted work that must be

performed in the final stage of ship construction: Provided further,

That none of the funds herein provided for the construction or

conversion of any naval vessel to be constructed in shipyards in

the United States shall be expended in foreign facilities for the

construction of major components of such vessel: Provided further,

That none of the funds herein provided shall be used for the

construction of any naval vessel in foreign shipyards.

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support

equipment and materials not otherwise provided for, Navy ordnance

(except ordnance for new aircraft, new ships, and ships authorized

for conversion); the purchase of not to exceed 609 passenger motor

vehicles for replacement only; expansion of public and private

plants, including the land necessary therefor, and such lands and

interests therein, may be acquired, and construction prosecuted

thereon prior to approval of title; and procurement and installation

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

plants; reserve plant and Government and contractor-owned equipment layaway; $2,994,231,000, to remain available for obligation

until September 30, 1996: Provided, That notwithstanding any other

provision of law, not less than $20,000,000 shall be obligated and

expended only for automatic data processing investment equipment

and peripheral equipment and related software for the Defense

Accounting Office and Naval Computer and Telecommunications

Station, New Orleans, the Enlisted Personnel Management Center,

the Naval Reserve Personnel Center, and the Naval Reserve Force

Information Systems Office: Provided further, That the Department

of Defense shall establish a central management and control site

for local area networks at the Naval Computer and Telecommunications Station, New Orleans: Provided further, That the operations

and functions of the Reserve Financial Management System and

other Reserve specific automation systems shall remain colocated

with the Commander, Naval Reserve Force.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00012 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—13

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and

modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and

private plants; reserve plant and Government and contractor-owned

equipment layaway; vehicles for the Marine Corps, including the

purchase of not to exceed 96 passenger motor vehicles for replacement only; and expansion of public and private plants, including

land necessary therefor, and such lands and interests therein, may

be acquired and construction prosecuted thereon prior to approval

of title; $441,216,000, to remain available for obligation until

September 30, 1996.

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and

equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories

therefor; specialized equipment; expansion of public and private

plants, Government-owned equipment and installation thereof in

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

the foregoing purposes, and such lands and interests therein, may

be acquired, and construction prosecuted thereon prior to approval

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $6,662,934,000,

to remain available for obligation until September 30, 1996.

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles,

spacecraft, rockets, and related equipment, including spare parts

and accessories therefor, ground handling equipment, and training

devices; expansion of public and private plants, Government-owned

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and

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

prosecuted thereon prior to approval of title; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes including rents and

transportation of things; $3,899,170,000, to remain available for

obligation until September 30, 1996.

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and

spare parts therefor, not otherwise provided for; the purchase of

not to exceed 2 vehicles required for physical security of personnel,

notwithstanding price limitations applicable to passenger vehicles

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

exceed 710 passenger motor vehicles of which 695 shall be for

replacement only; and expansion of public and private plants,

Government-owned equipment and installation thereof in such

plants, erection of structures, and acquisition of land, for the fore21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00013 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—14

going purposes, and such lands and interests therein, may be

acquired, and construction prosecuted thereon, prior to approval

of title; reserve plant and Government and contractor-owned equipment layaway; $7,637,250,000, to remain available for obligation

until September 30, 1996.

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles,

ammunition, other weapons, and other procurement for the reserve

components of the Armed Forces; $1,200,000,000, to remain available for obligation until September 30, 1996.

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for

procurement, production, and modification of equipment, supplies,

materials, and spare parts therefor, not otherwise provided for;

the purchase of not to exceed 1 vehicle required for physical security

of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $180,000 per vehicle; and the

purchase of not to exceed 438 passenger motor vehicles, of which

420 shall be for replacement only; expansion of public and private

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

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

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

construction prosecuted thereon prior to approval of title; reserve

plant and Government and contractor-owned equipment layaway;

$1,810,039,000, to remain available for obligation until September

30, 1996.

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of

1950, as amended (50 U.S.C. App. 2061); $200,000,000, to remain

available until expended: Provided, That none of these funds shall

be obligated for any project unless a Presidential determination

has been made in accordance with the Defense Production Act:

Provided further, That the Department of Defense shall notify the

Committees on Appropriations of the House of Representatives and

the Senate sixty days prior to the release of funds for any project

not previously approved by Congress.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment, as

authorized by law; $5,427,546,000, to remain available for obligation

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

available only for the Center for Prostate Disease Research at

the Walter Reed Army Institute of Research: Provided further,

That $5,000,000 shall be made available only for the Center of

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00014 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—15

Excellence in Breast Cancer Research and Training at the National

Naval Medical Center, in Bethesda, Maryland: Provided further,

That not less than $1,000,000 of the funds appropriated in this

paragraph shall be made available only to a joint research partnership involving an educational institution, not now engaged in a

large volume of basic research, and a biomedical research institute,

including a working arrangement with Canadian and German scientists, for the development and testing of a new insulin derivative

for the treatment of diabetes and hypoglycemia in the dependents

of active duty military members: Provided further, That $850,000

of the funds appropriated in this paragraph shall be available

for a lyme disease program.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment, as

authorized by law; $8,365,786,000, to remain available for obligation

until September 30, 1995: Provided, That for continued research

and development programs at the National Center for Physical

Acoustics, centering on ocean acoustics as it applies to advanced

antisubmarine warfare acoustics issues with focus on ocean bottom

acoustics, seismic coupling, sea-surface and bottom scattering, oceanic ambient noise, underwater sound propagation, bubble related

ambient noise, acoustically active surfaces, machinery noise, propagation physics, solid state acoustics, electrorheological fluids, transducer development, ultrasonic sensors, and other such projects as

may be agreed upon, $1,000,000 shall be made available, as a

grant, to the Mississippi Resource Development Corporation, of

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

such special equipment as may be required for particular projects:

Provided further, That none of the funds appropriated in this paragraph may be obligated or expended to develop or purchase equipment for an Aegis destroyer variant (commonly known as ‘‘Flight

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

prior to the initial operating capability of the Ship Self-Defense

program, nor to develop sensor, processor, or display capabilities

which duplicate in any way those being developed in the Ship

Self-Defense program: Provided further, That funds appropriated

in this paragraph for Aegis Combat System Engineering tactical

display simplification may be obligated only to develop equipment

on an interim basis which is planned to be installed in Aegis

ships prior to the date that the first production unit of the Advanced

Display System is planned to be accepted by the Government:

Provided further, That funds appropriated in this paragraph for

Aegis Combat System Engineering tactical display simplification

may not be obligated on contracts which include production options

for ship installations planned beyond the date that the first production unit of the Advanced Display System is planned to be accepted

by the Government: Provided further, That funds appropriated in

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

not be obligated until the Under Secretary of Defense for Acquisition

submits a plan to the Committees on Appropriations and Armed

Services of each House of Congress for development and deployment

of a fully participating cooperative engagement capability on

E–2 aircraft to be fielded concurrent with and no later than major

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00015 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—16

computer upgrades for the aircraft: Provided further, That funds

appropriated in this paragraph for development of the L–X ship

may not be obligated unless the baseline design of the ship includes

cooperative engagement capability and sufficient own-ship selfdefense capability against advanced sea-skimming antiship cruise

missiles in the baseline design to achieve an estimated probability

of survival from attack by such missiles at a level no less than

any other Navy ship.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment, as

authorized by law; $12,314,362,000, to remain available for obligation until September 30, 1995: Provided, That not less than

$21,000,000 of the funds appropriated in this paragraph shall be

made available only for the Joint Seismic Program and Global

Seismic Network administrated by the Incorporated Research

Institutions for Seismology: Provided further, That not less than

$40,000,000 of the funds appropriated in this paragraph shall be

made available only for the National Center for Manufacturing

Sciences (NCMS): Provided further, That of the funds appropriated

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

Advanced Weapons program element shall be made available only

to continue the establishment and operation of an image information

processing center supporting the Air Force Maui Space Surveillance

Site (MSSS).

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic

and applied scientific research, development, test and evaluation;

advanced research projects as may be designated and determined

by the Secretary of Defense, pursuant to law; maintenance,

rehabilitation, lease, and operation of facilities and equipment, as

authorized by law; $8,838,690,000, to remain available for obligation

until September 30, 1995: Provided, That not less than $97,000,000

of the funds appropriated in this paragraph are available only

for the Extended Range Interceptor (ERINT) missile: Provided further, That not less than $55,000,000 of the funds appropriated

in this paragraph are available only for the Patriot Multimode

Missile: Provided further, That not less than $56,424,000 of the

funds appropriated in this paragraph are available only for the

Arrow Continuation Experiments (ACES): Provided further, That

the Ballistic Missile Defense Organization (BMDO) shall continue

its current strategy of flight testing, ground testing, simulations,

and other Government analyses of the Patriot Multimode Missile

and the Extended Range Interceptor for selection of the best

technology in terms of cost, schedule, risk, and performance to

meet PAC–3 missile requirements for theater missile defense and

that the Director, BMDO, will determine when there is adequate

information to proceed to selection for engineering and manufacturing development: Provided further, That the Secretary of Defense

and the Secretary of Energy shall jointly certify to interested

Committees of Congress that activities conducted by the Department of Defense and the Department of Energy in the areas of

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00016 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—17

research, development, demonstration, or commercialization of electric vehicles and the related infrastructure; fuel cell research; and

natural gas research are coordinated: Provided further, That of

the funds appropriated under this heading, not less than

$43,000,000 shall be made available only for the Computer-aided

Acquisition and Logistics Support (CALS) Shared Resource Center

(CSRC) program, which shall be managed only by the Advanced

Research Projects Agency (ARPA) and of that amount, not less

than $23,000,000 shall be made available only for the continued

operation of the original CSRC by the current nonprofit institution

or its successor in interest, as the Department’s tri-service CALS

standards and technologies development, deployment, training, and

education hub for the CSRC program; the continued operation of

the CSRC Regional Satellite (CRS); and the establishment and

continued operation of additional CRSs to be operated by educational or other nonprofit institutions: Provided further, That the

remaining $20,000,000 shall be made available only for the continued operation of the six original CRSs: Provided further, That

nothing shall prohibit use of the CSRC or CRSs by industry, associations, other Department of Defense services and agencies, and other

government agencies for efforts to be separately negotiated and

funded: Provided further, That $2,300,000 of the funds appropriated

in this paragraph shall be made available only for cell adhesion

molecule research: Provided further, That of the funds appropriated

in this paragraph, not less than $5,000,000 of the funds in the

High Performance Computing Modernization program element shall

be made available only to upgrade the supercomputing capability

and capacity of the Maui High Performance Computing Center.

DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, of independent activities of the Director, Test and Evaluation in the direction and

supervision of developmental test and evaluation, including

performance and joint developmental testing and evaluation; and

administrative expenses in connection therewith; $232,457,000, to

remain available for obligation until September 30, 1995.

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the

independent activities of the Director, Operational Test and Evaluation in the direction and supervision of operational test and

evaluation, including initial operational test and evaluation which

is conducted prior to, and in support of, production decisions; joint

operational testing and evaluation; and administrative expenses

in connection therewith; $12,650,000, to remain available for obligation until September 30, 1995.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

DEFENSE BUSINESS OPERATIONS FUND

For the Defense Business Operations Fund; $1,102,295,000:

Provided, That none of the funds available in the Defense Business

Operations Fund shall be used for any hardware procurement,

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00017 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—18

new development, or expansion of the Defense Business Management System beyond that required to support fiduciary, management information and other requirements established by law or

directive and support existing customers consistent with the provisions of the DBOF Improvement Report.

NATIONAL DEFENSE SEALIFT FUND

(INCLUDING TRANSFER OF FUNDS)

For National Defense Sealift Fund programs, projects, and

activities, $1,540,800,000, to remain available until expended: Provided, That up to $50,000,000 shall be available for transfer to

the Secretary of Transportation: Provided further, That none of

the funds provided in this paragraph shall be used to award a

new contract that provides for the acquisition of any of the following

major components unless such components are manufactured in

the United States: auxiliary equipment, including pumps, for all

shipboard services; propulsion system components (that is; engines,

reduction gears, and propellers); shipboard cranes; and spreaders

for shipboard cranes: Provided further, That the exercise of an

option in a contract awarded through the obligation of previously

appropriated funds shall not be considered to be the award of

a new contract: Provided further, That the Secretary of the military

department responsible for such procurement may waive this

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

Committees on Appropriations of the House of Representatives and

the Senate, that adequate domestic supplies are not available to

meet Department of Defense requirements on a timely basis and

that such an acquisition must be made in order to acquire capability

for national security purposes.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health

care programs of the Department of Defense, as authorized by

law; $9,626,072,000, of which $9,352,435,000 shall be for Operation

and maintenance, of which $273,637,000, to remain available for

obligation until September 30, 1996, shall be for Procurement:

Provided, That the Department shall competitively contract during

fiscal year 1994 for mail service pharmacy for at least two multistate regions in addition to the ongoing solicitations for Florida,

South Carolina, Georgia, Delaware, New Jersey, Pennsylvania, and

Hawaii, as well as each base closure area not supported by an

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

independent of any other Department managed care contracts; that

one multi-state region shall include the State of Kentucky and

that one multi-state region shall include the State of New Mexico:

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

funds as necessary shall be used for the continuation of the cooperative program model being established at Madigan Medical Center

for severely behavior disordered students: Provided further, That

of the funds appropriated under this heading, not less than

$1,410,000 shall be made available only for annual incentive pay

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00018 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—19

bonuses for certified nurse anesthetists: Provided further, That

of the funds appropriated under this heading, not less than

$3,000,000 shall be made available only for nursing research

programs.

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the

destruction of the United States stockpile of lethal chemical agents

and munitions in accordance with the provisions of section 1412

of the Department of Defense Authorization Act, 1986 (50 U.S.C.

1521), and for the destruction of other chemical warfare materials

that are not in the chemical weapon stockpile, $389,947,000, of

which $291,261,000 shall be for Operation and maintenance,

$67,986,000, shall be for Procurement to remain available until

September 30, 1996, and $30,700,000, shall be for Research,

development, test and evaluation to remain available until September 30, 1995.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United

States Code; for Operation and maintenance; for Procurement; and

for Research, development, test and evaluation; $868,200,000: Provided, That the funds appropriated by this paragraph shall be

available for obligation for the same time period and for the same

purpose as the appropriation to which transferred: Provided further,

That the transfer authority provided in this paragraph is in addition

to any transfer authority contained elsewhere in this Act: Provided

further, That of the funds appropriated in this paragraph, not

less than $3,200,000 shall be available only for the Gulf States

Counter-Narcotics Initiative.

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act

of 1978, as amended; $137,601,000, of which $136,801,000 shall

be for Operation and maintenance, of which not to exceed $400,000

is available for emergencies and extraordinary expenses to be

expended on the approval or authority of the Inspector General,

and payments may be made on his certificate of necessity for

confidential military purposes; and of which $800,000, to remain

available until September 30, 1996, shall be for Procurement.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00019 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—20

TITLE VII

RELATED AGENCIES

NATIONAL FOREIGN INTELLIGENCE PROGRAM

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement

and Disability System Fund, to maintain proper funding level for

continuing the operation of the Central Intelligence Agency Retirement and Disability System; $182,300,000.

NATIONAL SECURITY EDUCATION TRUST FUND

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

$10,000,000 to be derived from the National Security Education

Trust Fund, to remain available until expended.

COMMUNITY MANAGEMENT STAFF

For necessary expenses of the Community Management Staff;

$151,288,000.

TITLE VIII

GENERAL PROVISIONS

SEC. 8001. No part of any appropriation contained in this

Act shall be used for publicity or propaganda purposes not authorized by the Congress.

SEC. 8002. During the current fiscal year, provisions of law

prohibiting the payment of compensation to, or employment of,

any person not a citizen of the United States shall not apply

to personnel of the Department of Defense: Provided, That salary

increases granted to direct and indirect hire foreign national

employees of the Department of Defense funded by this Act shall

not be at a rate in excess of the percentage increase authorized

by law for civilian employees of the Department of Defense whose

pay is computed under the provisions of section 5332 of title 5,

United States Code, or at a rate in excess of the percentage increase

provided by the appropriate host nation to its own employees,

whichever is higher: Provided further, That this section shall not

apply to Department of Defense foreign service national employees

serving at United States diplomatic missions whose pay is set

by the Department of State under the Foreign Service Act of 1980:

Provided further, That the limitations of this provision shall not

apply to foreign national employees of the Department of Defense

in the Republic of Turkey.

SEC. 8003. No part of any appropriation contained in this

Act shall remain available for obligation beyond the current fiscal

year, unless expressly so provided herein.

SEC. 8004. No more than 20 per centum of the appropriations

in this Act which are limited for obligation during the current

fiscal year shall be obligated during the last two months of the

fiscal year: Provided, That this section shall not apply to obligations

for support of active duty training of reserve components or summer

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00020 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—21

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

National Board for the Promotion of Rifle Practice, Army.

SEC. 8005. Section 9005 of the Department of Defense Appro- priations Act, 1993 (Public Law 102–396) is amended by striking

out ‘‘contained in this Act’’ and inserting ‘‘or any other funds available to the Department of Defense’’ in lieu thereof.

SEC. 8005A. Title IV of the Department of Defense Appropria- tions Act, 1993 (Public Law 102–396; 106 Stat. 1890) is amended

in the 9th proviso under the heading ‘‘Research, Development,

Test and Evaluation, Army’’ by striking ‘‘six months’’ and inserting

‘‘18 months’’.

(TRANSFER OF FUNDS)

SEC. 8006. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may,

with the approval of the Office of Management and Budget, transfer

not to exceed $2,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction)

between such appropriations or funds or any subdivision thereof,

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

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

which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen

military requirements, than those for which originally appropriated

and in no case where the item for which funds are requested

has been denied by Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made

pursuant to this authority or any other authority in this Act.

(TRANSFER OF FUNDS)

SEC. 8007. During the current fiscal year, cash balances in working capital funds of the Department of Defense established

pursuant to section 2208 of title 10, United States Code, may

be maintained in only such amounts as are necessary at any time

for cash disbursements to be made from such funds: Provided,

That transfers may be made between such funds and the ‘‘Foreign

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

appropriation accounts in such amounts as may be determined

by the Secretary of Defense, with the approval of the Office of

Management and Budget, except that such transfers may not be

made unless the Secretary of Defense has notified the Congress

of the proposed transfer. Except in amounts equal to the amounts

appropriated to working capital funds in this Act, no obligations

may be made against a working capital fund to procure or increase

the value of war reserve material inventory, unless the Secretary

of Defense has notified the Congress prior to any such obligation.

SEC. 8008. Using funds available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination

under section 2690 of title 10, United States Code, may implement

cost-effective agreements for required heating facility modernization

in the Kaiserslautern Military Community in the Federal Republic

of Germany: Provided, That in the City of Kaiserslautern such agreements will include the use of United States anthracite as

the base load energy for municipal district heat to the United

States Defense installations: Provided further, That at Landstuhl

Army Regional Medical Center and Ramstein Air Base, furnished

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00021 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—22

heat may be obtained from private, regional or municipal services,

if provisions are included for the consideration of United States

coal as an energy source.

SEC. 8009. Funds appropriated by this Act may not be used

to initiate a special access program without prior notification 30

calendar days in session in advance to the Committees on

Appropriations and Armed Services of the Senate and House of

Representatives.

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

for the Civilian Health and Medical Program of the Uniformed

Services shall be available for payments to physicians and other

authorized individual health care providers in excess of the amounts

allowed in fiscal year 1993 for similar services, except that: (a)

for services for which the Secretary of Defense determines an

increase is justified by economic circumstances, the allowable

amounts may be increased in accordance with appropriate economic

index data similar to that used pursuant to title XVIII of the

Social Security Act; and (b) for services the Secretary determines

are overpriced based on allowable payments under title XVIII of

the Social Security Act, the allowable amounts shall be reduced

by not more than 15 percent (except that the reduction may be

waived if the Secretary determines that it would impair adequate

access to health care services for beneficiaries). The Secretary shall

solicit public comment prior to promulgating regulations to implement this section. Such regulations shall include a limitation, similar to that used under title XVIII of the Social Security Act, on

the extent to which a provider may bill a beneficiary an actual

charge in excess of the allowable amount.

SEC. 8011. None of the funds provided in this Act shall be

available to initiate (1) a multiyear contract that employs economic

order quantity procurement in excess of $20,000,000 in any one

year of the contract or that includes an unfunded contingent liability

in excess of $20,000,000, or (2) a contract for advance procurement

leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless

the Committees on Appropriations and Armed Services of the Senate and House of Representatives have been notified at least thirty

days in advance of the proposed contract award: Provided, That

no part of any appropriation contained in this Act shall be available

to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of

the Government’s liability: Provided further, That no part of any

appropriation contained in this Act shall be available to initiate

multiyear procurement contracts for any systems or component

thereof if the value of the multiyear contract would exceed

$500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated

without 10-day prior notification to the Committees on Appropriations and Armed Services of the House of Representatives and

the Senate: Provided further, That the execution of multiyear

authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.

SEC. 8012. Within the funds appropriated for the operation

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,

for humanitarian and civic assistance costs under chapter 20 of

title 10, United States Code. Such funds may also be obligated

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00022 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—23

for humanitarian and civic assistance costs incidental to authorized

operations and pursuant to authority granted in section 401 of

chapter 20 of title 10, United States Code, and these obligations

shall be reported to Congress on September 30 of each year: Provided, That funds available for operation and maintenance shall

be available for providing humanitarian and similar assistance

by using Civic Action Teams in the Trust Territories of the Pacific

Islands and freely associated states of Micronesia, pursuant to

the Compact of Free Association as authorized by Public Law

99–239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate

medical education programs conducted at Army medical facilities

located in Hawaii, the Secretary of the Army may authorize the

provision of medical services at such facilities and transportation

to such facilities, on a nonreimbursable basis, for civilian patients

from American Samoa, the Commonwealth of the Northern Mariana

Islands, the Marshall Islands, the Federated States of Micronesia,

Palau, and Guam.

SEC. 8013. Notwithstanding any other provision of law, governments of Indian tribes shall be treated as State and local governments for the purposes of disposition of real property recommended

for closure in the report of the Defense Secretary’s Commission

on Base Realignments and Closures, December 1988, the report

to the President from the Defense Base Closure and Realignment

Commission, July 1991, and Public Law 100–526.

SEC. 8014. (a) The provisions of section 115(a)(4) of title 10,

United States Code, shall not apply with respect to fiscal year

1994 or with respect to the appropriation of funds for that year. (b) During fiscal year 1994, the civilian personnel of the Department of Defense may not be managed on the basis of any endstrength, and the management of such personnel during that fiscal

year shall not be subject to any constraint or limitation (known

as an end-strength) on the number of such personnel who may

be employed on the last day of such fiscal year. (c) The fiscal year 1995 budget request for the Department

of Defense as well as all justification material and other documentation supporting the fiscal year 1995 Department of Defense budget

request shall be prepared and submitted to the Congress as if

subsections (a) and (b) of this provision were effective with regard

to fiscal year 1995.

SEC. 8014A. Notwithstanding any other provision of law, none

of the funds made available by this Act shall be used by the

Department of Defense to exceed, outside the fifty United States,

its territories, and the District of Columbia, 131,250 civilian

workyears: Provided, That workyears shall be applied as defined

in the Federal Personnel Manual: Provided further, That workyears

expended in dependent student hiring programs for disadvantaged

youths shall not be included in this workyear limitation.

SEC. 8015. None of the funds made available by this Act shall

be used in any way, directly or indirectly, to influence congressional

action on any legislation or appropriation matters pending before

the Congress.

SEC. 8016. None of the funds appropriated by this Act shall

be obligated for the pay of any individual who is initially employed

after the date of enactment of this Act as a technician in the

administration and training of the Army Reserve and the maintenance and repair of supplies issued to the Army Reserve unless

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00023 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—24

such individual is also a military member of the Army Reserve

troop program unit that he or she is employed to support. Those

technicians employed by the Army Reserve in areas other than

Army Reserve troop program units need only be members of the

Selected Reserve.

SEC. 8017. None of the funds available to the Department

of Defense may be used for the floating storage of petroleum or

petroleum products except in vessels of or belonging to the United

States.

SEC. 8018. Notwithstanding any other provision of law, the

Secretaries of the Army and Air Force may authorize the retention

in an active status until age sixty of any officer who would otherwise

be removed from an active status and who is employed as a National

Guard or Reserve technician in a position in which active status

in a reserve component of the Army or Air Force is required as

a condition of that employment.

SEC. 8019. Notwithstanding any other provision of law, proceeds

from the investment of the Fisher House Investment Trust Fund

will be used to support the operation and maintenance of Fisher

Houses associated with Army medical treatment facilities.

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

shall be used to make contributions to the Department of Defense

Education Benefits Fund pursuant to section 2006(g) of title 10,

United States Code, representing the normal cost for future benefits

under section 1415(c) of title 38, United States Code, for any member of the armed services who, on or after the date of enactment

of this Act—

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

duty of less than three years; or (2) receives an enlistment bonus under section 308a or

308f of title 37, United States Code,

nor shall any amounts representing the normal cost of such future

benefits be transferred from the Fund by the Secretary of the

Treasury to the Secretary of Veterans Affairs pursuant to section

2006(d) of title 10, United States Code; nor shall the Secretary

of Veterans Affairs pay such benefits to any such member: Provided,

That, in the case of a member covered by clause (1), these limitations shall not apply to members in combat arms skills or to

members who enlist in the armed services on or after July 1,

1989, under a program continued or established by the Secretary

of Defense in fiscal year 1991 to test the cost-effective use of

special recruiting incentives involving not more than nineteen

noncombat arms skills approved in advance by the Secretary of

Defense: Provided further, That this subsection applies only to

active components of the Army.

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

for the basic pay and allowances of any member of the Army

participating as a full-time student and receiving benefits paid

by the Secretary of Veterans Affairs from the Department of Defense

Education Benefits Fund when time spent as a full-time student

is credited toward completion of a service commitment: Provided,

That this subsection shall not apply to those members who have

reenlisted with this option prior to October 1, 1987: Provided further, That this subsection applies only to active components of

the Army.

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

for the payment of not more than 75 percent of the charges of

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00024 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—25

a postsecondary educational institution for the tuition or expenses

of an officer in the Ready Reserve of the Army National Guard

or Army Reserve for education or training during his off-duty periods, except that no part of the charges may be paid unless the

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

least four years after completion of such training or education.

SEC. 8022. None of the funds appropriated by this Act shall

be available to convert to contractor performance an activity or

function of the Department of Defense that, on or after the date

of enactment of this Act, is performed by more than ten Department

of Defense civilian employees until a most efficient and cost-effective

organization analysis is completed on such activity or function

and certification of the analysis is made to the Committees on

Appropriations of the House of Representatives and the Senate:

Provided, That this section shall not apply to a commercial or

industrial type function of the Department of Defense that: (1)

is included on the procurement list established pursuant to section

2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred

to as the Javits-Wagner-O’Day Act; (2) is planned to be converted

to performance by a qualified nonprofit agency for the blind or

by a qualified nonprofit agency for other severely handicapped

individuals in accordance with that Act; or (3) is planned to be

converted to performance by a qualified firm under 51 percent

Native American ownership.

SEC. 8023. None of the funds made available by this Act may

be obligated for the acquisition of major automated information

systems which have not successfully completed oversight reviews

required by Department of Defense regulations: Provided, That

the automated information systems oversight review board will

be independent of any other Department review function and

chaired by the Assistant Secretary of Defense for Command, Control, Communications and Intelligence: Provided further, That

except for those programs to modernize and develop migration

and standard automated information systems that have been certified by the Department’s senior information resource management

(IRM) official as being fully compliant with the Department’s

information management initiative as defined in Defense Department Directive 8000.1, no funds may be expended for modernization

or development of any automated information system (AIS) by

the military departments, services, defense agencies, Joint Staff

or Military Commands in excess of $2,000,000 unless the senior

official of the Office of the Secretary of Defense with primary

responsibility for the functions being supported or to be supported

certifies to the Assistant Secretary of Defense for Command, Control, Communications and Intelligence that the functional

requirement(s) is valid and that the system modernization or development has no unnecessary duplication of other available or planned

AISs: Provided further, That the Department shall develop the

capability for open systems integration of commercial-off-the-shelf

(COTS) applications within the Composite Health Care System

(CHCS): Provided further, That the Department shall limit deployment of the Defense Blood Standard System (DBSS) to existing

donor and processing centers, the ten Primary Casualty Receiving

Hospitals (PCRHs), and two OCONUS military hospitals, with

transfusion services only, and shall procure, install, and integrate

by April 1, 1994, at two or more CHCS sites an open system

compliant COTS hospital-based blood bank/transfusion application,

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00025 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—26

with security access by application function and developed in the

same application language as CHCS: Provided further, That the

Department shall procure and install at all CHCS alpha and beta

sites by September 1, 1994, an open system integrated anatomic

pathology COTS application with security access by application

function and developed with the same software application language

as CHCS: Provided further, That notwithstanding any other provision of law, the one time investment cost, including the procurement

or lease of new or reutilized automatic data processing investment

equipment, peripheral equipment and related software, for the July

16, 1993 DOD Data Center Consolidation Plan shall not exceed

$309,000,000.

SEC. 8024. Notwithstanding any other provision of law, the

Secretary of the Navy may use funds appropriated to charter ships

to be used as auxiliary minesweepers providing that the owner

agrees that these ships may be activated as Navy Reserve ships

with Navy Reserve crews used in training exercises conducted in

accordance with law and policies governing Naval Reserve forces:

Provided, That none of the funds appropriated or made available

in this Act may be used to inactivate, disestablish, or discontinue

the Navy’s Craft of Opportunity Program.

SEC. 8025. Notwithstanding any other provision of law, to establish region-wide, at-risk, fixed price managed care contracts possessing features similar to those of the CHAMPUS Reform Initiative,

the Secretary of Defense shall submit to the Congress a plan to

implement a nation-wide managed health care program for the

military health services system not later than December 31, 1993:

Provided, That the program shall include, but not be limited to: (1) a uniform, stabilized benefit structure characterized by a triple

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

management system; (3) cost minimization incentives including

‘‘gatekeeping’’ and annual enrollment procedures, capitation budgeting, and at-risk managed care support contracts; and (4) full and

open competition for all managed care support contracts: Provided

further, That the implementation of the nation-wide managed care

military health services system shall be completed by September

30, 1996: Provided further, That the Department shall competitively

award contracts in fiscal year 1994 for at least four new regionwide, at-risk, fixed price managed care support contracts consistent

with the nation-wide plan, that one such contract shall include

the State of Florida (which may include Department of Veterans

Affairs’ medical facilities with the concurrence of the Secretary

of Veterans Affairs), one such contract shall include the States

of Washington and Oregon, and one such contract shall include

the State of Texas: Provided further, That any law or regulation

of a State or local government relating to health insurance, prepaid

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

financing methods shall be preempted and shall not apply to any

region-wide, at-risk, fixed price managed care contract entered into

pursuant to chapter 55 of title 10, United States Code: Provided

further, That the Department shall competitively award within

13 months after the date of enactment of this Act two contracts

for stand-alone, at-risk managed mental health services in high

utilization, high-cost areas, consistent with the management and

service delivery features in operation in Department of Defense

managed mental health care contracts: Provided further, That the

Assistant Secretary of Defense for Health Affairs shall, during

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00026 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—27

the current fiscal year, initiate through competitive procedures

a managed health care program for eligible beneficiaries in the

area of Homestead Air Force Base with benefits and services

substantially identical to those established to serve beneficiary

populations in areas where military medical facilities have been

terminated, to include retail pharmacy networks available to Medicare-eligible beneficiaries, and shall present a plan to implement

this program to the House and Senate Committees on Appropriations not later than January 15, 1994.

SEC. 8026. Funds appropriated or made available in this Act

shall be obligated and expended to continue to fully utilize the

facilities at the United States Army Engineer’s Waterways Experiment Station, including the continued availability of the

supercomputer capability: Provided, That none of the funds in this

Act may be used to purchase any supercomputer which is not

manufactured in the United States, unless the Secretary of Defense

certifies to the Armed Services and Appropriations Committees

of Congress that such an acquisition must be made in order to

acquire capability for national security purposes that is not available from United States manufacturers.

SEC. 8027. For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) as amended

by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119) and by the Budget Enforcement Act of 1990 (Public Law 101–508), the term program, project,

and activity for appropriations contained in this Act shall be defined

as the most specific level of budget items identified in the Department of Defense Appropriations Act, 1994, the accompanying House

and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes and reports, and

the P–1 and R–1 budget justification documents as subsequently

modified by Congressional action: Provided, That the following

exception to the above definition shall apply:

For the Military Personnel and the Operation and Maintenance

accounts, the term ‘‘program, project, and activity’’ is defined as

the appropriations accounts contained in the Department of Defense

Appropriations Act: Provided further, That at the time the President

submits his budget for fiscal year 1995, the Department of Defense

shall transmit to the Committees on Appropriations and the

Committees on Armed Services of the Senate and the House of

Representatives a budget justification document to be known as

the ‘‘O–1’’ which shall identify, at the budget activity, activity

group, and subactivity group level, the amounts requested by the

President to be appropriated to the Department of Defense for

operation and maintenance in any budget request, or amended

budget request, for fiscal year 1995.

SEC. 8028. Of the funds appropriated to the Army, $217,600,000

shall be available only for the Reserve Component Automation

System (RCAS): Provided, That none of these funds can be

expended—

(1) except as approved by the Chief of the National Guard

Bureau;

(2) unless RCAS resource management functions are performed by the National Guard Bureau;

(3) to pay the salary of an RCAS program manager who

has not been selected and approved by the Chief of the National

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00027 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—28

Guard Bureau and chartered by the Chief of the National

Guard Bureau and the Secretary of the Army;

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

PM accountable to the Chief of the National Guard Bureau

and fully defines his authority, responsibility, reporting channels and organizational structure;

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

program management office unless such organization is comprised of personnel chosen jointly by the Chiefs of the National

Guard Bureau and the Army Reserve;

(6) to pay contracted costs for the acquisition of RCAS

unless RCAS is an integrated system consisting of software,

hardware, and communications equipment and unless such contract continues to preclude the use of Government furnished

equipment, operating systems, and executive applications software; and

(7) unless RCAS performs its own classified information

processing:

Provided further, That notwithstanding any other provision of law,

none of the funds appropriated shall be available for procurement

of computers for the Army Reserve Component which are used

to network or expand the capabilities of existing or future information systems or duplicate functions to be provided under the RCAS

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

at sites scheduled to receive RCAS equipment prior to September

30, 1995, RCAS ADP equipment may be procured and only in

the numbers and types allocated by the RCAS program to each

site; and at sites scheduled to receive RCAS equipment after

September 30, 1995, RCAS ADP equipment or ADP equipment

from a list of RCAS compatible equipment approved by the Chief

of the National Guard Bureau or his designee, may be procured

and only in the numbers and types allocated by the RCAS program

to each site; (B) the requesting organizational element has insufficient ADP equipment to perform administrative functions but not

to exceed the number of work stations determined by the RCAS

program for that site; (C) replacement equipment will not exceed

the minimum required to maintain the reliability of existing

capabilities; (D) replacement will be justified on the basis of cost

and feasibility of repairs and maintenance of present ADP equipment as compared to the cost of replacement; and (E) the procurement under this policy must be approved by the Chief of the

National Guard Bureau or his designee, provided that the procurement is a one for one replacement action of existing equipment.

SEC. 8028A. None of the funds appropriated or otherwise made

available by this Act may be obligated or expended for development

or procurement of any automated Computer Aided Logistics system

unless specific approval for such system is provided in writing

to the Committees on Appropriations and Armed Services of the

House and Senate by the Principal Deputy Under Secretary of

Defense, Acquisition at least 30 days prior to any contract

solicitation.

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

for the purchase by the Department of Defense (and its departments

and agencies) of welded shipboard anchor and mooring chain 4

inches in diameter and under unless the anchor and mooring chain

are manufactured in the United States from components which

are substantially manufactured in the United States: Provided,

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00028 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—29

That for the purpose of this section manufactured will include

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

(including the forging and shot blasting process): Provided further,

That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost

of the components produced or manufactured in the United States

exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of

Defense requirements on a timely basis, the Secretary of the service

responsible for the procurement may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Appropriations that such an acquisition must be made in order

to acquire capability for national security purposes.

SEC. 8029A. Notwithstanding any other provision of law, none of the funds appropriated in this Act may be used to purchase,

install, replace, or otherwise repair any lock on a safe or security

container which protects information critical to national security

or any other classified materials and which has not been certified

as passing the security lock specifications contained in regulation

FF–L–2740 dated October 12, 1989, and has not passed all testing

criteria and procedures established through February 28, 1992:

Provided, That the Director of Central Intelligence may waive this provision, on a case-by-case basis only, upon certification that the

above cited locks are not adequate for the protection of sensitive

intelligence information.

(TRANSFER OF FUNDS)

SEC. 8030. Notwithstanding any other provision of law, the Department of Defense may transfer prior year, unobligated balances and funds appropriated in this Act to the operation and

maintenance appropriations for the purpose of providing military

technician and Department of Defense medical personnel pay and

medical programs (including CHAMPUS) the same exemption from

sequestration set forth in the Balanced Budget and Emergency

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

the Balanced Budget and Emergency Deficit Control Reaffirmation

Act of 1987 (Public Law 100–119) and by the Budget Enforcement

Act of 1990 (Public Law 101–508) as that granted the other military

personnel accounts: Provided, That any transfer made pursuant to any use of the authority provided by this provision shall be

limited so that the amounts reprogrammed to the operation and

maintenance appropriations do not exceed the amounts sequestered

under the Balanced Budget and Emergency Deficit Control Act

of 1985 (Public Law 99–177) as amended by the Balanced Budget

and Emergency Deficit Control Reaffirmation Act of 1987 (Public

Law 100–119) and by the Budget Enforcement Act of 1990 (Public

Law 101–508): Provided further, That the authority to make trans- fers pursuant to this section is in addition to the authority to

make transfers under other provisions of this Act: Provided further,

That the Secretary of Defense may proceed with such transfer

after notifying the Appropriations Committees of the House of Representatives and the Senate twenty calendar days in session before

any such transfer of funds under this provision.

SEC. 8030A. None of the funds available to the Department

of the Navy may be used to enter into any contract for the overhaul,

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00029 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—30

repair, or maintenance of any naval vessel homeported on the

West Coast of the United States which includes charges for interport

differential as an evaluation factor for award.

SEC. 8031. None of the funds appropriated by this Act available

for the Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS) shall be available for the reimbursement

of any health care provider for inpatient mental health service

for care received when a patient is referred to a provider of inpatient

mental health care or residential treatment care by a medical

or health care professional having an economic interest in the

facility to which the patient is referred: Provided, That this limitation does not apply in the case of inpatient mental health services

provided under the program for the handicapped under subsection

(d) of section 1079 of title 10, United States Code, provided as

partial hospital care, or provided pursuant to a waiver authorized

by the Secretary of Defense because of medical or psychological

circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant

to rules prescribed by the Secretary, which takes into account

the appropriate level of care for the patient, the intensity of services

required by the patient, and the availability of that care.

SEC. 8032. All new Department of Defense procurements shall

separately identify software costs in the work breakdown structure

defined by MIL–STD–881 in those instances where software is

considered to be a major category of cost.

SEC. 8033. During the current fiscal year and thereafter, of

the funds appropriated, reimbursable expenses incurred by the

Department of Defense on behalf of the Soviet Union or its successor

entities in monitoring United States implementation of the Treaty

Between the United States of America and the Union of Soviet

Socialist Republics on the Elimination of Their Intermediate-Range

or Shorter-Range Missiles (‘‘INF Treaty’’), concluded December 8,

1987, may be treated as orders received and obligation authority

for the applicable appropriation, account, or fund increased accordingly. Likewise, any reimbursements received for such costs may

be credited to the same appropriation, account, or fund to which

the expenses were charged: Provided, That reimbursements which

are not received within one hundred and eighty days after submission of an appropriate request for payment shall be subject to

interest at the current rate established pursuant to section

2(b)(1)(B) of the Export-Import Bank Act of 1945 (59 Stat. 526).

Interest shall begin to accrue on the one hundred and eightyfirst day following submission of an appropriate request for payment: Provided further, That funds appropriated in this Act may

be used to reimburse United States military personnel for reasonable costs of subsistence, at rates to be determined by the Secretary

of Defense, incurred while accompanying Soviet Inspection Team

members or inspection team members of the successor entities

of the Soviet Union engaged in activities related to the INF Treaty:

Provided further, That this provision includes only the in-country

period (referred to in the INF Treaty) and is effective whether

such duty is performed at, near, or away from an individual’s

permanent duty station.

SEC. 8034. Funds available in this Act may be used to provide

transportation for the next-of-kin of individuals who have been

prisoners of war or missing in action from the Vietnam era to

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00030 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—31

an annual meeting in the United States, under such regulations

as the Secretary of Defense may prescribe.

SEC. 8035. None of the funds available to the Department

of Defense shall be obligated or expended for (or to implement)

automatic data processing, data processing center, central design

activity, DMRD 918, defense information infrastructure, and military or civilian personnel function consolidation plans, consolidations, and disestablishment or realignment plans that impact, in

terms of reductions in force or transfers in military and civilian

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

Personnel Management Center, the Naval Computer and Telecommunications Station, New Orleans, and the Naval Reserve

Personnel Center until sixty legislative days after the Secretary

of Defense submits to the House and Senate Committees on Appropriations a report, including complete review comments and a

validation by the Department of Defense Comptroller, justifying

and validating that such plans and actions: (1) do not consolidate,

plan to consolidate, disestablish or realign Department of Defense

or Service data processing functions or centers, central design activities, or military and civilian personnel functions and activities,

or claim savings from such function and activity consolidations

and disestablishment, realignment, or consolidation plans, that are

in more than one defense management report plan or decision

or any other Department of Defense or Service consolidation, disestablishment or realignment plan; (2) utilize criteria to evaluate,

measure and compare, using objective measurements, how data

processing centers, central design activities, military and civilian

personnel functions and activities are ranked in terms of operational

readiness, customer satisfaction, and the most cost effective and

least expensive from a business performance, and regional operations cost standpoint; (3) will provide equal or better service for

DOD customers; (4) provide details as to the impacts on the quality

of life and benefits of the individual service person, dependents,

and civilian personnel; and (5) will not adversely impact the mission

and readiness of the Navy and Naval Reserves: Provided, That

funds made available to the Department of Defense shall be available to implement the 1993 Defense Base Closure and Realignment

Commission approved recommendations concerning the Enlisted

Personnel Management Center and the Naval Computer and Telecommunications Station, New Orleans.

SEC. 8035A. Such sums as may be necessary for fiscal year

1994 pay raises for programs funded by this Act shall be derived

from funds within the amounts appropriated in this Act.

SEC. 8036. Notwithstanding any other provision of law, during

the current fiscal year, the Secretary of Defense may, by Executive

Agreement, establish with host nation governments in NATO member states a separate account into which such residual value

amounts negotiated in the return of United States military installations in NATO member states may be deposited, in the currency

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

United States Treasury: Provided, That such credits may be utilized

only for the construction of facilities to support United States military forces in that host nation, or such real property maintenance

and base operating costs that are currently executed through monetary transfers to such host nations: Provided further, That the

Department of Defense’s budget submission for fiscal year 1995

shall identify such sums anticipated in residual value settlements,

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00031 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—32

and identify such construction, real property maintenance or base

operating costs that shall be funded by the host nation through

such credits: Provided further, That all military construction

projects to be executed from such accounts must be previously

approved in a prior Act of Congress: Provided further, That each

such Executive Agreement with a NATO member host nation shall

be reported to the Committees on Appropriations and Armed Services of the House of Representatives and the Senate thirty days

prior to the conclusion and endorsement of any such agreement

established under this provision.

SEC. 8037. All obligations incurred in anticipation of the appropriations and authority provided in this Act are hereby ratified

and confirmed if otherwise in accordance with the provisions of

this Act.

SEC. 8038. None of the funds available to the Department

of Defense in this Act shall be used to demilitarize or dispose

of more than 310,784 unserviceable M1 Garand rifles and M1

Carbines.

SEC. 8039. Notwithstanding any other provision of law, none

of the funds appropriated by this Act shall be available to pay

more than 50 percent of an amount paid to any person under

section 308 of title 37, United States Code, in a lump sum.

SEC. 8040. None of the funds appropriated by this Act may

be used by the Department of Defense to assign a supervisor’s

title or grade when the number of people he or she supervises

is considered as a basis for this determination: Provided, That

savings that result from this provision are represented as such

in future budget proposals.

SEC. 8041. Of the funds appropriated by this Act, no more

than $18,500,000 shall be available for the mental health care

demonstration project at Fort Bragg, North Carolina: Provided,

That adjustments may be made for normal and reasonable price

and program growth.

SEC. 8042. None of the funds appropriated by this Act may

be used to pay health care providers under the Civilian Health

and Medical Program of the Uniformed Services (CHAMPUS) for

services determined under the CHAMPUS Peer Review Organization (PRO) Program to be not medically or psychologically necessary.

The Secretary of Defense may by regulation adopt any quality

and utilization review requirements and procedures in effect for

the Peer Review Organization Program under title XVIII of the

Social Security Act (Medicare) that the Secretary determines necessary, and may adapt the Medicare requirements and procedures

to the circumstances of the CHAMPUS PRO Program as the Secretary determines appropriate.

SEC. 8043. None of the funds appropriated by this Act shall

be available for payments under the Department of Defense contract

with the Louisiana State University Medical Center involving the

use of cats for Brain Missile Wound Research, and the Department

of Defense shall not make payments under such contract from

funds obligated prior to the date of the enactment of this Act,

except as necessary for costs incurred by the contractor prior to

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

the final General Accounting Office report on the aforesaid contract

is submitted for review to the Committees on Appropriations of

the House of Representatives and the Senate: Provided, That funds

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00032 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—33

necessary for the care of animals covered by this contract are

allowed.

SEC. 8044. None of the funds provided in this Act or any

other Act shall be available to conduct bone trauma research at

any Army Research Laboratory until the Secretary of the Army

certifies that the synthetic compound to be used in the experiments

is of such a type that its use will result in a significant medical

finding, the research has military application, the research will

be conducted in accordance with the standards set by an animal

care and use committee, and the research does not duplicate

research already conducted by a manufacturer or any other research

organization.

SEC. 8045. The Secretary of Defense shall include in any base

closure and realignment plan submitted to Congress after the date

of enactment of this Act, a complete review for the five-year period

beginning on October 1, 1993, which shall include expected force

structure and levels for such period, expected installation requirements for such period, a budget plan for such period, the cost

savings expected to be realized through realignments and closures

of military installations during such period, an economics model

to identify the critical local economic sectors affected by proposed

closures and realignments of military installations and an assessment of the economic impact in each area in which a military

installation is to be realigned or closed.

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

or made available in this Act shall be used for any single relocation

of an organization, unit, activity or function of the Department

of Defense into or within the National Capital Region: Provided,

That the Secretary of Defense may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Appropriations of the House of Representatives and Senate that

such a relocation is required in the best interest of the Government:

Provided further, That no funds appropriated or made available

in this Act shall be used for the relocation into the National Capital

Region of the Air Force Office of Medical Support located at Brooks

Air Force Base.

SEC. 8046A. Notwithstanding any other provision of law, each

contract awarded by the Department of Defense in fiscal year

1994 for construction or service performed in whole or in part

in a State which is not contiguous with another State and has

an unemployment rate in excess of the national average rate of

unemployment as determined by the Secretary of Labor shall

include a provision requiring the contractor to employ, for the

purpose of performing that portion of the contract in such State

that is not contiguous with another State, individuals who are

residents of such State and who, in the case of any craft or trade,

possess or would be able to acquire promptly the necessary skills:

Provided, That the Secretary of Defense may waive the requirements of this section in the interest of national security.

SEC. 8047. During the current fiscal year, funds appropriated

or otherwise available for any Federal agency, the Congress, the

judicial branch, or the District of Columbia may be used for the

pay, allowances, and benefits of an employee as defined by section

2105 of title 5 or an individual employed by the government of

the District of Columbia, permanent or temporary indefinite, who—

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00033 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—34

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

forces, as described in section 261 of title 10, or the National

Guard, as described in section 101 of title 32;

(2) performs, for the purpose of providing military aid

to enforce the law or providing assistance to civil authorities

in the protection or saving of life or property or prevention

of injury—

(A) Federal service under section 331, 332, 333, 3500,

or 8500 of title 10, or other provision of law, as applicable,

or

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

of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; and

(3) requests and is granted—

(A) leave under the authority of this section; or

(B) annual leave, which may be granted without regard

to the provisions of sections 5519 and 6323(b) of title 5,

if such employee is otherwise entitled to such annual leave:

Provided, That any employee who requests leave under subsection

(3)(A) for service described in subsection (2) of this section is entitled

to such leave, subject to the provisions of this section and of the

last sentence of section 6323(b) of title 5, and such leave shall

be considered leave under section 6323(b) of title 5.

SEC. 8048. None of the funds appropriated by this Act shall

be available to perform any cost study pursuant to the provisions

of OMB Circular A–76 if the study being performed exceeds a

period of twenty-four months after initiation of such study with

respect to a single function activity or forty-eight months after

initiation of such study for a multi-function activity.

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

Forces Information Service shall not be used for any national or

international political or psychological activities.

SEC. 8050. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian

employees hired for certain health care occupations as authorized

for the Secretary of Veterans Affairs by section 7455 of title 38,

United States Code.

SEC. 8051. Notwithstanding any other provision of law, a qualified Indian Tribal corporation or Alaska Native Corporation furnishing the product of a responsible small business concern shall not

be denied the opportunity to compete for and be awarded a procurement contract pursuant to section 2323 of title 10, United States

Code, solely because the Indian Tribal corporation or Alaska Native

Corporation is not the actual manufacturer or processor of the

product to be supplied under the contract.

SEC. 8052. Of the funds made available in this Act, not less

than $11,679,000 shall be available for the Civil Air Patrol, of

which $4,642,000 shall be available for Operation and Maintenance.

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

in this Act shall be used to reduce or disestablish the operation

of the 815th Weather Squadron of the Air Force Reserve, if such

action would reduce the WC–130 Weather Reconnaissance mission

below the levels funded in this Act.

SEC. 8054. During the current fiscal year, withdrawal credits

may be made by the Defense Business Operations Fund to the

credit of current applicable appropriations of an activity of the

Department of Defense in connection with the acquisition by that

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00034 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—35

activity of supplies that are repairable components which are repairable at a repair depot and that are capitalized into the Defense

Business Operations Fund as the result of management changes

concerning depot level repairable assets charged to an activity of

the Department of Defense which is a customer of the Defense

Business Operations Fund that became effective on April 1, 1992.

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

or services appropriated by this Act, qualified nonprofit agencies

for the blind or other severely handicapped shall be afforded the

maximum practicable opportunity to participate as subcontractors

and suppliers in the performance of contracts let by the Department

of Defense.

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

has negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns

pursuant to section 8(d) of the Small Business Act (15 U.S.C.

637(d)) shall be given credit toward meeting that subcontracting

goal for any purchases made from qualified nonprofit agencies for

the blind or other severely handicapped.

(c) For the purpose of this section, the phrase ‘‘qualified nonprofit agency for the blind or other severely handicapped’’ means

a nonprofit agency for the blind or other severely handicapped

that has been approved by the Committee for the Purchase from

the Blind and Other Severely Handicapped under the Javits-Wagner-O’Day Act (41 U.S.C. 46–48).

SEC. 8056. During the current fiscal year and thereafter, there

is established, under the direction and control of the Attorney

General, the National Drug Intelligence Center, whose mission

it shall be to coordinate and consolidate drug intelligence from

all national security and law enforcement agencies, and produce

information regarding the structure, membership, finances, communications, and activities of drug trafficking organizations: Provided,

That funding for the operation of the National Drug Intelligence

Center, including personnel costs associated therewith, shall be

provided from the funds appropriated to the Department of Defense.

SEC. 8056A. Notwithstanding any other provision of law, in

addition to the funds made available elsewhere in this Act to

the Department of the Navy, $60,000,000 to remain available until

expended, shall be made available only for obligations incurred

in the conveyance, clean-up, and restoration of Kaho’olawe Island.

SEC. 8057. During the current fiscal year and thereafter, the

Navy may provide notice to exercise options under the LEASAT

program for the next fiscal year, in accordance with the terms

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

Aide Memoire dated April 30, 1986, and as implemented in the

LEASAT contract.

SEC. 8058. During the current fiscal year, net receipts pursuant

to collections from third party payers pursuant to section 1095

of title 10, United States Code, shall be made available to the

local facility of the uniformed services responsible for the collections

and shall be over and above the facility’s direct budget amount.

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

for the procurement of Multibeam Sonar Mapping Systems, not

manufactured in the United States: Provided, That the Secretary

of the military department responsible for such procurement may

waive this restriction on a case-by-case basis by certifying in writing

to the Committees on Appropriations of the House of Representa21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00035 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—36

tives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely

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

acquire capability for national security purposes.

SEC. 8059A. Of the funds made available by this Act in title

III, Procurement, $8,000,000, drawn pro rata from each appropriations account in title III, shall be available for incentive payments

authorized by section 504 of the Indian Financing Act of 1974,

25 U.S.C. 1544. These payments shall be available only to contractors which have submitted subcontracting plans pursuant to 15

U.S.C. 637(d), and according to regulations which shall be promulgated by the Secretary of Defense within 90 days of the passage

of this Act.

SEC. 8060. During the current fiscal year and thereafter, notwithstanding any other provision of law, the Department of Defense

is hereby authorized to develop and procure the LANDSAT 7

vehicle.

SEC. 8061. None of the funds appropriated in this Act may

be used to fill the commander’s position at any military medical

facility with a health care professional unless the prospective candidate can demonstrate professional administrative skills.

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

Health Program, notwithstanding any other provision of law, the

amount payable for services provided under this section shall not

be less than the amount calculated under the coordination of benefits reimbursement formula utilized when CHAMPUS is a secondary

payor to medical insurance programs other than Medicare, and

such appropriations as necessary shall be available (notwithstanding the last sentence of section 1086(c) of title 10, United States

Code) to continue Civilian Health and Medical Program of the

Uniformed Services (CHAMPUS) benefits, until age 65, under such

section for a former member of a uniformed service who is entitled

to retired or retainer pay or equivalent pay, or a dependent of

such a member, or any other beneficiary described by section 1086(c)

of title 10, United States Code, who becomes eligible for hospital

insurance benefits under part A of title XVIII of the Social Security

Act (42 U.S.C. 1395 et seq.) solely on the grounds of physical

disability, or end stage renal disease: Provided, That expenses

under this section shall only be covered to the extent that such

expenses are not covered under parts A and B of title XVIII of

the Social Security Act and are otherwise covered under CHAMPUS:

Provided further, That no reimbursement shall be made for services

provided prior to October 1, 1991.

SEC. 8063. During the current fiscal year, the Secretary of

Defense may accept burdensharing contributions in the form of

money from Japan, the Republic of Korea, and the State of Kuwait

for the costs of local national employees, supplies, and services

of the Department of Defense to be credited to applicable Department of Defense operation and maintenance appropriations available for the salaries and benefits of national employees of Japan,

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

services to be merged with and to be available for the same purposes

and time period as those appropriations to which credited: Provided,

That not later than 30 days after the end of each quarter of

the fiscal year, the Secretary of Defense shall submit to the Congress a report of contributions accepted by the Secretary under

this provision during the preceding quarter.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00036 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—37

SEC. 8064. (a) Funds appropriated in this Act to finance activities of Department of Defense (DOD) Federally Funded Research

and Development Centers (FFRDCs) may not be obligated or

expended for an FFRDC if a member of its Board of Directors

or Trustees simultaneously serves on the Board of Directors or

Trustees of a profit-making company under contract to the Department of Defense unless the FFRDC has a DOD approved conflict

of interest policy for its members.

(b) None of the funds appropriated in this Act are available

to establish a new FFRDC, either as a new entity, or as a separate

entity administered by an organization managing another FFRDC,

or as a nonprofit membership corporation consisting of a consortium

of other FFRDCs and other nonprofit entities.

(c) Notwithstanding any other provision of law, of the amounts

available to the Department of Defense during fiscal year 1994,

not more than $1,352,650,000 may be obligated for financing activities of Federally Funded Research and Development Centers.

(d) The total amount appropriated by this Act is hereby reduced

by $200,000,000 to reflect the obligation limitation contained in

subsection (c).

(e) The total amount appropriated to or for the use of the

Department of Defense in titles III and IV of this Act is reduced

by $200,000,000 to reflect savings from the decreased use of nonFFRDC consulting services by the Department of Defense.

SEC. 8065. None of the funds appropriated or made available

in this Act shall be used to procure carbon, alloy or armor steel

plate for use in any Government-owned facility or property under

the control of the Department of Defense which were not melted

and rolled in the United States or Canada: Provided, That these

procurement restrictions shall apply to any and all Federal Supply

Class 9515, American Society of Testing and Materials (ASTM)

or American Iron and Steel Institute (AISI) specifications of carbon,

alloy or armor steel plate: Provided further, That the Secretary

of the military department responsible for the procurement may

waive this restriction on a case-by-case basis by certifying in writing

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely

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

acquire capability for national security purposes: Provided further,

That these restrictions shall not apply to contracts which are in

being as of the date of enactment of this Act.

SEC. 8065A. None of the funds available to the Department

of Defense during the current fiscal year may be obligated or

expended to develop for aircraft or helicopter weapons systems

an airborne instrumentation system for flight test data acquisition,

or to develop or implement modifications to an existing airborne

instrumentation system, other than the Common Airborne

Instrumentation System under development in the Central Test

and Evaluation Investment Development program element funded

in the ‘‘Developmental Test and Evaluation, Defense’’ appropriations

account.

SEC. 8066. None of the unobligated balances available in the

National Defense Stockpile Transaction Fund during the current

fiscal year may be obligated or expended to finance any grant

or contract to conduct research, development, test and evaluation

activities for the development or production of advanced materials,

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00037 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—38

unless amounts for such purposes are specifically appropriated in

a subsequent appropriations Act.

SEC. 8067. For the purposes of this Act, the term ‘‘congressional

defense committees’’ means the Committees on Armed Services,

the Committees on Appropriations, and the subcommittees on

Defense of the Committee on Appropriations, of the Senate and

the House of Representatives.

SEC. 8068. Notwithstanding any other provision of law, during

the current fiscal year, the Secretary of Defense may acquire the

modification, depot maintenance and repair of aircraft, vehicles

and vessels as well as the production of components and other

Defense-related articles, through competition between Department

of Defense depot maintenance activities and private firms: Provided,

That the Senior Acquisition Executive of the military department

or defense agency concerned, with power of delegation, shall certify

that successful bids include comparable estimates of all direct and

indirect costs for both public and private bids: Provided further,

That Office of Management and Budget Circular A–76 shall not

apply to competitions conducted under this section.

SEC. 8069. (a)(1) If the Secretary of Defense, after consultation

with the United States Trade Representative, determines that a

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating

against certain types of products produced in the United States

that are covered by the agreement, the Secretary of Defense shall

rescind the Secretary’s blanket waiver of the Buy American Act

with respect to such types of products produced in that foreign

country. (2) An agreement referred to in paragraph (1) is any reciprocal

defense procurement memorandum of understanding, between the

United States and a foreign country pursuant to which the Secretary

of Defense has prospectively waived the Buy American Act for

certain products in that country. (b) The Secretary of Defense shall submit to Congress a report

on the amount of Department of Defense purchases from foreign

entities in fiscal year 1994. Such report shall separately indicate

the dollar value of items for which the Buy American Act was

waived pursuant to any agreement described in subsection (a)(2),

the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or

any international agreement to which the United States is a party. (c) For purposes of this section, the term ‘‘Buy American Act’’

means title III of the Act entitled ‘‘An Act making appropriations

for the Treasury and Post Office Departments for the fiscal year

ending June 30, 1934, and for other purposes’’, approved March

3, 1933 (41 U.S.C. 10a et seq.).

SEC. 8070. (a) Of the funds made available in this Act in

title II, Operation and Maintenance, Army, $5,000,000 shall be

available only to execute the cleanup of uncontrolled hazardous

waste contamination affecting the Sale Parcel at Hamilton Air

Force Base, in Novato, in the State of California.

(b) Notwithstanding any other provision of law, in the event

that the purchaser of the Sale Parcel exercises its option to withdraw from all or a portion of the sale, as provided in the Agreement

and Modification, dated September 25, 1990, between the Department of Defense, the General Services Administration, and the

purchaser, as amended, the purchaser’s deposit of $4,500,000 shall

be returned by the General Services Administration and funds

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00038 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—39

eligible for reimbursement under the Agreement and Modification,

as amended, shall come from the funds made available to the

Department of Defense by this Act.

(c) In the event that the purchaser purchases only a portion

of the Sale Parcel and exercises its option to withdraw from the

sale as to the rest of the Sale Parcel, the portion of the Sale

Parcel that is not purchased (other than Landfill 26 and an appropriate buffer area around it and the groundwater treatment facility

site), together with any of the land referred to in section 9099(e)

of Public Law 102–396 that is not purchased by the purchaser,

shall be sold to the City of Novato, in the State of California,

for the sum of One Dollar as a public benefit transfer for school,

classroom or other educational use, for use as a public park or

recreation area or for further conveyance as provided herein, subject

to the following restrictions: (1) if the City sells any portion of

such land to any third party within ten years after the transfer

to the City, which sale may be made without the foregoing use

restrictions, any proceeds received by the City in connection with

such sale, minus the demonstrated reasonable costs of conducting

the sale and of any improvements made by the City to the land

following its acquisition of the land (but only to the extent such

improvements increase the value of the portion sold), shall be

immediately turned over to the Army in reimbursement of the

withdrawal payment made by the Army to the contract purchaser

and the costs of cleaning up the Landfill and (2) until one year

following completion of the cleanup of contaminated soil in the

Landfill and completion of the groundwater treatment facilities,

the sale must be at a per-acre price for the portion sold that

is at least equal to the per-acre contract price paid by the purchaser

for the portion of the Sale Parcel purchased under the Agreement

and Modification, as amended, and thereafter must be at a price

at least equal to the fair market value of the portion sold. The

foregoing restrictions shall not apply to a transfer to another public

or quasi-public agency for public uses of the kind described above.

The deed to the City shall contain a clause providing that, if

any of the proceeds referred to in clause (1) are not delivered

to the Army within 30 days after sale, or any portion of the

land not sold as provided herein is used for other than educational,

park or recreational uses, title to the applicable portion of such

land shall revert to the United States Government at the election

of the General Services Administration. The Army shall agree to

deliver into the applicable closing escrow an acknowledgement of

receipt of any proceeds described in clause (1) above and a release

of the reverter right as to the affected land, effective upon such

receipt.

(d) Notwithstanding any other provision of law, the Air Force

shall be reimbursed for expenditures in excess of $15,000,000 in

connection with the total clean-up of uncontrolled hazardous waste

contamination on the aforementioned Sale Parcel from the proceeds

collected upon the closing of any portion of the Sale Parcel purchased by the contract purchaser under the Agreement and Modification, as amended.

(e) Notwithstanding any other provision of law, the purchaser’s

reimbursement claims shall be audited by the Defense Contract

Audit Agency for reasonableness and accuracy before the Department of Defense provides any funds under the purchaser’s withdrawal and reimbursement rights.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00039 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—40

SEC. 8070A. Notwithstanding any other provision of law, any

statutorily-required analysis of the impact on the defense technology

and industrial base of terminations and significant reductions of

major research and development programs and procurement programs of the Department of Defense shall address only those actions

recommended by the Defense Department in its annual budget

request and amendments thereto, supplemental requests, or proposed rescissions.

SEC. 8071. Notwithstanding any other provision of law, the

Secretary of Defense may, when he considers it in the best interest

of the United States, cancel any part of an indebtedness, up to

$2,500, that is or was owed to the United States by a member

or former member of a uniformed service if such indebtedness,

as determined by the Secretary, was incurred in connection with

Operation Desert Shield/Storm: Provided, That the amount of an

indebtedness previously paid by a member or former member and

cancelled under this section shall be refunded to the member.

SEC. 8072. Appropriations contained in this Act that remain

available at the end of the current fiscal year as a result of energy

cost savings realized by the Department of Defense shall remain

available for obligation for the next fiscal year to the extent, and

for the purposes, provided in section 2865 of title 10, United States

Code.

SEC. 8073. During the current fiscal year, voluntary separation

incentives payable under 10 U.S.C. 1175 may be paid in such

amounts as are necessary from the assets of the Voluntary Separation Incentive Fund established by section 1175(h)(1).

(INCLUDING TRANSFER OF FUNDS)

SEC. 8074. Amounts deposited during fiscal years 1993 and

1994 to the special account established under 40 U.S.C. 485(h)(2)

and to the special account established under 10 U.S.C. 2667(d)(1)

are appropriated and shall be available until transferred by the

Secretary of Defense to current applicable appropriations or funds

of the Department of Defense under the terms and conditions

specified by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

2667(d)(1)(B), to be merged with and to be available for the same

time period and the same purposes as the appropriation to which

transferred.

SEC. 8075. In order to maintain an electric furnace capacity

in the United States, preference for the purchase of chromite ore

and manganese ore authorized for disposal from the National

Defense Stockpile shall be given to domestic producers of high

carbon ferrochromium and high carbon ferromanganese—

(A) whose primary output during the three preceding years

has been ferrochromium or ferromanganese; and

(B) who guarantee to use the chromite and manganese

ore for domestic purposes.

SEC. 8075A. None of the funds in this or any other Act shall

be available for the preparation of studies on—

(a) the feasibility of removal and transportation of unitary

chemical weapons from the eight chemical storage sites within

the continental United States: Provided, That this prohibition

shall not apply to non-stockpile material in the United States

or to studies needed for environmental analysis required by

the National Environmental Policy Act, or for General Account21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00040 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—41

ing Office studies requested by a Member of Congress or a

Congressional Committee; and

(b) the potential future uses of the nine chemical disposal

facilities other than for the destruction of stockpile chemical

munitions and as limited by section 1412(c)(2), Public Law

99–145: Provided, That this prohibition does not apply to future

use studies for the CAMDS facility at Tooele, Utah.

SEC. 8076. During the current fiscal year, none of the funds

available to the Department of Defense may be used to procure

or acquire (1) defensive handguns or defensive handgun ammunition

unless such handguns or handgun ammunition are the M9 9mm

Department of Defense standard handgun or ammunition for such

handguns, or (2) offensive handguns and ammunition except for

the Special Operations Forces.

SEC. 8077. During the current fiscal year, appropriations available to the Department of Defense may be used to reimburse

a member of a reserve component of the Armed Forces who is

not otherwise entitled to travel and transportation allowances and

who occupies transient government housing while performing active

duty for training or inactive duty training: Provided, That such

members may be provided lodging in kind if transient government

quarters are unavailable as if the member was entitled to such

allowances under subsection (a) of section 404 of title 37, United

States Code: Provided further, That if lodging in kind is provided,

any authorized service charge or cost of such lodging may be paid

directly from funds appropriated for operation and maintenance

of the reserve component of the member concerned.

SEC. 8078. For fiscal year 1994, the total amount appropriated

to fund the Uniformed Services Treatment Facilities program, operated pursuant to section 911 of Public Law 97–99 (42 U.S.C. 248c),

is limited to $291,000,000, of which not more than $265,000,000

may be provided by the funds appropriated by this Act.

SEC. 8079. None of the funds available in this Act may be

used to support in any manner, including travel or other related

expenses, the ‘‘Tailhook Association’’: Provided, That investigations

by the Secretary of the Navy or consultation with the Tailhook

Association are not prohibited by this provision.

SEC. 8080. During the current fiscal year and thereafter, from

funds available to the Department of Defense, the Director of the

Air National Guard shall operate a Command, Control, Communications and Intelligence planning office manned by three full-time

Air Guard officers in the rank of O–6, O–5, and O–4: Provided,

That these officers shall be in addition to the strengths authorized

in section 524 of title 10, United States Code.

SEC. 8081. None of the funds appropriated in this Act or made

available to the Department of Defense and deposited into the

Pentagon Reservation Maintenance Revolving Fund may be used

for the purpose of constructing a Pentagon Maintenance Facility

or a Logistics Support Extension.

SEC. 8082. The President shall include with each budget for

a fiscal year submitted to the Congress under section 1105 of

title 31, United States Code, materials that shall identify clearly

and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Department of Defense, the military

departments, and the Defense Agencies.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00041 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—42

SEC. 8083. None of the funds available to the Department

of Defense may be obligated or expended for construction of Ground

Wave Emergency Network (GWEN) sites in Fiscal Year 1994.

SEC. 8083A. Notwithstanding any other provision of law, the Naval shipyards of the United States shall be eligible to participate

in any manufacturing extension program financed by funds appropriated in this or any other Act.

SEC. 8084. The $15,000,000 made available in section 9088

of the Department of Defense Appropriations Act, 1993 (Public

Law 102–396) for payment of claims to United States military

and civilian personnel for damages incurred as a result of the

volcanic eruption of Mount Pinatubo in the Philippines, shall remain

available for obligation until September 30, 1994, notwithstanding

section 9003 of that Act: Provided, That $5,000,000 of the funds

made available by this section shall be available until September

30, 1995 for expenses associated with the construction and modification of facilities to support the relocation of military training programs from installations in the Philippines to sites in the United

States.

(TRANSFER OF FUNDS)

SEC. 8085. In addition to any other transfer authority contained in this Act, $100,000,000 appropriated in this Act under the heading

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred

to appropriations contained in this Act which are available for

the payment of civilian voluntary separation incentives, to be

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

the same time period as the appropriations to which transferred.

SEC. 8086. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment

Recovery Account established by section 2921(c)(1) of the National

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.

2687 note) shall be available until expended for the payments

specified by section 2921(c)(2) of that Act.

SEC. 8087. During the current fiscal year, annual payments granted under the provisions of section 4416 of the National Defense

Authorization Act for fiscal year 1993 (Public Law 102–428; 106

Stat. 2714) shall be made from appropriations in this Act which

are available for the pay of reserve component personnel.

SEC. 8088. None of the funds appropriated by this Act may be used to relocate the 116th Fighter Wing of the Air National

Guard from Dobbins Air Reserve Base to Robins Air Force Base,

or to convert that wing from F–15A aircraft to B–1B aircraft.

SEC. 8088A. None of the funds available to the Department

of Defense for establishing a Naval East Coast Electronics Engineering Center may be obligated or expended for the establishment

of such Headquarters at any location other than Charleston, South

Carolina: Provided, That no such funds may be obligated or expended for the establishment or operation of subordinate detachments at Portsmouth, Virginia, with manning levels or broader

functions than that specifically stated in the 1993 Report to the

President of the Defense Base Closure and Realignment Commission: Provided further, That no funds may be obligated or expended for the relocation, alteration or modification of the functions specified in the 1993 Report to the President of the Defense Base

Closure and Realignment Commission to be maintained at St.

Inigoes, Maryland, including all civilian management, support

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00042 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—43

personnel and management operations associated with these functions that were in existence as of September 20, 1993.

SEC. 8089. (a) IN GENERAL.—Subject to subsection (b), the

Secretary of the Army may release, discharge, waive, and quitclaim

all right, title, and interest which the United States may have

by virtue of the quitclaim deed dated June 18, 1956, in and to

approximately 6.89 acres of real property, with improvements

thereon, in Harris County, Texas.

(b) CONDITION.—The Secretary may carry out subsection (a)

only after obtaining satisfactory assurances that the State of Texas

shall obtain, in exchange for the real property referred to in subsection (a), a tract of real property—

(1) which is at least equal in value to the real property

referred to in subsection (a), and

(2) which shall be, on the date on which the State obtains

it, subject to the same restrictions and covenants with respect

to the Federal Government as are applicable on the date of

the enactment of this Act to the real property referred to

in subsection (a).

(c) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage

and legal description of the real property referred to in subsection

(a) shall be based upon surveys that are satisfactory to the Secretary.

SEC. 8090. None of the funds appropriated by this Act shall

be used to procure aircraft fuel cells unless the fuel cells are

produced or manufactured in the United States by a domesticoperated entity: Provided, That the Secretary of the military department responsible for the procurement may waive this restriction

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

on Appropriations of the House of Representatives and the Senate

that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such

an acquisition must be made in order to acquire capability for

national security purposes.

SEC. 8090A. None of the funds available to the Department

of the Air Force shall be available to establish or support any

organic depot maintenance support activity for the B–2 bomber

until the Under Secretary of Defense, Acquisition reviews the existing infrastructure for the private sector and Air Force Depot support

and maintenance of the B–2 and reports to the Congressional

Defense Committees no later than May 15, 1994, the most efficient

and cost effective utilization of both public and private facilities

to support the B–2.

SEC. 8091. (a) Notwithstanding any other provision of law,

not less than $750,000 of the funds appropriated under the heading

‘‘Operation and Maintenance, Army’’ in title II of this Act shall

be made available until expended to conduct a demonstration program involving the Army Senior Reserve Officers’ Training Corps

battalion at Indiana University-Northwest and Army Junior

Reserve Officers’ Training Corps units near the University. The

purpose of the program shall be to encourage minority students

in secondary educational institutions to continue their education.

(b) Under the program, Senior Reserve Officers’ Corps cadets

may serve as mentors and tutors for students in Junior Reserve

Officers’ Corps units. Cadets and students may participate in combined activities, including summer camps, field training, and other

traditional military activities.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00043 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—44

(c) Senior Reserve Officers’ Corps cadets who serve as mentors

and tutors may be paid a stipend.

(d) After a cadet has satisfactorily served in the program,

under criteria established by the Secretary of the Army and for

a period of time determined by the Secretary, the cadet may be

provided financial assistance tuition, books, laboratory fees, and

similar educational expenses if the cadet continues to serve satisfactorily in the program.

SEC. 8092. During the current fiscal year, appropriations which

are available to the Department of Defense for operation and

maintenance may be used to purchase items having an investment

item unit cost of not more than $25,000.

SEC. 8093. None of the funds appropriated by this Act shall

be available for direct support of the joint Department of Defense/

Department of Energy Safeguard C contingent nuclear testing program.

SEC. 8094. In connection with procurements of petroleum products made by the Department of Defense with appropriated funds,

the Secretary shall consider all qualified bids from any eligible

country under the Caribbean Basin Economic Recovery Act which

is hereby deemed a designated country pursuant to 19 U.S.C.

2511(b).

SEC. 8094A. Of the funds appropriated to the Department of

Defense for Operation and Maintenance, Defense-Wide, not less

than $8,000,000 shall be made available until expended to the

Administration for Native Americans within 90 days of enactment

of this Act only for the mitigation of environmental impacts, including the gathering of information, documenting of environmental

damage, and developing a system for prioritization of mitigation,

on Indian lands resulting from Department of Defense activities.

SEC. 8095. During the current fiscal year, appropriations available for the pay and allowances of active duty members of the

Armed Forces shall be available to pay the retired pay which

is payable pursuant to section 4403 of Public Law 102–484 (10

U.S.C. 1293 note) under the terms and conditions provided in

section 4403.

(TRANSFER OF FUNDS)

SEC. 8096. In addition to the amounts appropriated or otherwise

made available by this Act, $25,000,000 is hereby appropriated

to the Department of Defense and shall be available only for transfer

to the National Park Service, of which: $10,000,000 shall be available to repair and rehabilitate military structures transferred from

the Department of Defense to the National Park Service as part

of the Golden Gate National Recreation Area; $10,000,000 shall

be available to convert and rehabilitate military structures at Fort

Wadsworth for National Park Service’s purposes; and $5,000,000

shall be available for cultural cyclic resource programs within the

National Park Service system: Provided, That these funds shall

remain available for obligation until September 30, 1995.

SEC. 8097. (a) During the current fiscal year, none of the

appropriations or funds available to the Defense Business Operations Fund shall be used for the purchase of an investment item

for the purpose of acquiring a new inventory item for sale or

anticipated sale during the current fiscal year or a subsequent

fiscal year to customers of the Defense Business Operations Fund

if such an item would not have been chargeable to the Defense

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00044 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—45

Business Operations Fund during fiscal year 1993 and if the purchase of such an investment item would be chargeable during

the current fiscal year to appropriations made to the Department

of Defense for procurement.

(b) The fiscal year 1995 budget request for the Department

of Defense as well as all justification material and other documentation supporting the fiscal year 1995 Department of Defense budget

shall be prepared and submitted to the Congress on the basis

that any equipment which was classified as an end item and funded

in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 1995 procurement appropriation

and not in the supply management business area or any other

area or category of the Defense Business Operations Fund.

SEC. 8098. None of the funds provided in this Act shall be

available for use by a Military Department to modify an aircraft,

weapon, ship or other item of equipment, that the Military Department concerned plans to retire or otherwise dispose of within five

years after completion of the modification: Provided, That this

prohibition shall not apply to safety modifications: Provided further,

That this prohibition may be waived by the Secretary of a Military

Department if the Secretary determines it is in the best national

security interest of the country to provide such waiver and so

notifies the congressional defense committees in writing.

SEC. 8099. (a) FINDINGS.—The Congress finds that—

(1) the United States Government has not made adequate

efforts to seek the payment of compensation by the government

of Peru for the death and injuries to United States military

personnel resulting from the attack by aircraft of the military

forces of Peru on April 24, 1992, against a United States

Air Force C–130 aircraft operating off the coast of Peru; and (2) in failing to make such efforts adequately, the United

States Government has failed in its obligation to support the

servicemen and their families involved in the incident and

generally to support members of the Armed Forces carrying

out missions on behalf of the United States.

(b) SEMIANNUAL REPORT.—The Secretary of Defense shall submit a report to Congress on December 1 and June 1 of each

year on the efforts made by the Government of the United States

during the preceding six-month period to seek the payment of

fair and equitable compensation by the Government of Peru (1)

to the survivors of Master Sergeant Joseph Beard, Jr., United

States Air Force, who was killed in the attack described in subsection (a), and (2) to the other crew members who were wounded

in the attack and survived.

(c) TERMINATION OF REPORT REQUIREMENT.—The requirement

in subsection (b) shall terminate upon certification by the Secretary

of Defense to Congress that the Government of Peru has paid

fair and equitable compensation as described in subsection (b).

SEC. 8099A. None of the funds appropriated by this Act shall

be used for the support of any nonappropriated funds activity

of the Department of Defense that procures malt beverages and

wine with nonappropriated funds for resale (including such alcoholic

beverages sold by the drink) on a military installation located

in the United States unless such malt beverages and wine are

procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in which the military

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00045 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—46

installation is located in more than one State, purchases may be

made in any State in which the installation is located: Provided

further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for

military installations in States which are not contiguous with

another State: Provided further, That alcoholic beverages other

than wine and malt beverages, in contiguous States and the District

of Columbia shall be procured from the most competitive source,

price and other factors considered.

SEC. 8100. Notwithstanding any other provision of law or regulation, the Department of Defense is directed to use available off

the shelf, nondevelopmental items in filling small craft and small

boat requirements when at all possible.

SEC. 8101. No part of the funds in this Act shall be available

to prepare or present a request to the Committees on Appropriations

for reprogramming of funds, unless for higher priority items, based

on unforeseen military requirements, than those for which originally

appropriated and in no case where the item for which

reprogramming is requested has been denied by the Congress.

SEC. 8102. None of the funds appropriated by this Act shall

be available for payment of the compensation of personnel assigned

to or serving in the National Foreign Intelligence Program in excess

of 96 percent of such personnel actually assigned to or serving

in the National Foreign Intelligence Program on September 30,

1992: Provided, That in making any reduction in the number of

such personnel that may be required pursuant to this section,

the percentage of reductions to Senior Intelligence Service positions

shall be equal to or exceed the percentage of reductions to nonSenior Intelligence Service positions: Provided further, That in making any reduction in the number of such personnel that may be

required pursuant to this section, the percentage of reductions

to positions in the National Capital Region shall be equal to or

exceed the percentage of reductions to positions outside of the

National Capital Region.

SEC. 8102A. (a) Of the amounts available to the Department

of Defense for fiscal year 1994, not less than $10,000,000 shall

be available for National Defense Science and Engineering Graduate

Fellowships to be awarded on a competitive basis by the Secretary

of Defense to United States citizens or nationals pursuing advanced

degrees in fields of primary concern and interest to the Department.

(b) Fellowships awarded pursuant to subsection (a) above shall

not be restricted on the basis of the geographical locations in

the United States of the institutions at which the recipients are

pursuing the aforementioned advanced degrees.

(c) Not less than 50 per centum of the funds necessary to

carry out this section shall be derived from the amounts available

for the University Research Initiatives Program in ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, and the balance necessary shall be derived from amounts available for Defense Research

Sciences under title IV of this Act.

SEC. 8103. None of the funds provided by this Act may be

used to pay the salaries of any person or persons who authorize

the transfer of obligated and deobligated appropriations into the

Reserve for Contingencies of the Central Intelligence Agency.

SEC. 8104. During the current fiscal year and thereafter, funds

appropriated for construction projects of the Central Intelligence

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00046 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—47

Agency, which are transferred to another Agency for execution,

shall remain available until expended.

SEC. 8105. During the current fiscal year and thereafter, mone- tary limitations on the purchase price of a passenger motor vehicle

shall not apply to vehicles purchased for intelligence activities conducted pursuant to Executive Order 12333 or successor orders.

SEC. 8106. None of the funds appropriated by this Act for

programs of the Central Intelligence Agency shall remain available

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 1995.

(TRANSFER OF FUNDS)

SEC. 8107. During the current fiscal year and thereafter, no

funds may be made available through transfer, reprogramming,

or other means between the Central Intelligence Agency and the

Department of Defense for any intelligence or special activity different from that previously justified to the Congress unless the

Director of Central Intelligence or the Secretary of Defense has

notified the House and Senate Appropriations Committees of the

intent to make such funds available for such activity.

SEC. 8108. The classified annex prepared by the Committee

on Appropriations to accompany the report on the Department

of Defense Appropriations Act, 1994 is hereby incorporated into

this Act: Provided, That the amounts specified in the classified

Annex are not in addition to amounts appropriated by other provisions of this Act: Provided further, That the President shall provide

for appropriate distribution of the classified Annex, or of appropriate

portions of the classified Annex, within the executive branch of

the Government.

SEC. 8109. Notwithstanding any other provision of law, funds

made available in this Act for the Defense Intelligence Agency

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and

intelligence information systems for the Services, the Unified and

Specified Commands, and the component commands.

SEC. 8110. None of the funds appropriated by this Act shall

be available for the planning, programming or actual movement

of any component or function of the Defense Mapping Agency Aerospace Center annex from the St. Louis, Missouri, area.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8111. In addition to amounts appropriated or otherwise

made available by this Act, $21,700,000 is hereby appropriated

to the Department of Defense and shall be available only for transfer

to the United States Coast Guard for a 2.2 percent pay increase

for uniformed members.

SEC. 8112. Notwithstanding any other provision of law, and

in accordance with section 2905 of the Defense Base Closure and

Realignment Act of 1990, Public Law 101–510, the Department

of Defense shall proceed with implementation of the 1993 Defense

Base Closure and Realignment Commission recommendation

concerning the consolidation of tactical missile maintenance at

Letterkenny Army Depot.

SEC. 8113. In addition to amounts appropriated elsewhere in

this Act, $200,000 shall be available only for settlement of claims

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00047 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—48

and interest thereon, associated with contract numbered N62474–

86–C–0253 for construction of a multipurpose range complex at

the Marine Corps Air Ground Combat Center in Twentynine Palms,

California: Provided, That such settlement shall be made pursuant

to the recommendation of August 19, 1993, of the Comptroller

General of the United States (case B–230871.3): Provided further,

That such settlement shall be accomplished within thirty days

of enactment of this Act.

SEC. 8114. Notwithstanding any other provision of law, none

of the funds appropriated for fiscal year 1993 and fiscal year 1994

for the DDG–51 destroyer program shall be obligated or expended

for procurement of the ring laser gyroscope inertial navigation

system under a sole source contract.

SEC. 8115. The Secretary of the Navy shall carry out the

establishment of the Mine Warfare Center of Excellence at the

naval station at Ingleside, Texas (including the establishment of

all subordinate units and the relocation of Navy mine warfare

forces), in accordance with the schedule of the Navy for the

establishment of such center and without regard to any alteration

in that schedule that would otherwise be required pursuant to

any other provision of law enacted during the first session of the

103d Congress that applies specifically to the construction and

operation of that center or to the relocation of Navy mine warfare

forces to Ingleside, Texas.

SEC. 8115A. None of the funds appropriated by this Act shall

be used to begin closing a military treatment facility unless the

Secretary of Defense notifies the Committees on Appropriations

of the House of Representatives and the Senate ninety days prior

to such action.

SEC. 8116. Unobligated balances of the funds appropriated in

Public Law 102–172 and Public Law 102–396 under the headings

‘‘World University Games’’, ‘‘Summer Olympics’’ and ‘‘World Cup

USA 1994’’ in title II of those Acts shall, notwithstanding any

other section of those Acts, remain available for obligation until

September 30, 1995.

SEC. 8116A. Notwithstanding any other provision of law,

reimbursements received from the North Atlantic Treaty Organization for the E–3 Airborne Warning and Control System (AWACS)

Radar System Improvement Program (RSIP) attributable to development work for fiscal years 1987 through 1992 shall be available

to the Air Force until September 30, 1994, for meeting that service’s

financial commitments for the AWACS RSIP.

SEC. 8117. (a) None of the funds appropriated or otherwise

made available in this Act may be used to transport or provide

for the transportation of chemical munitions to the Johnston Atoll

for the purpose of storing or demilitarizing such munitions.

(b) The prohibition in subsection (a) shall not apply to any

obsolete World War II chemical munition of the United States

found in the World War II Pacific Theater of Operations.

(c) The President may suspend the application of subsection

(a) during a period of war in which the United States is a party.

SEC. 8118. None of the funds available to the Department

of Defense may be used to support the relocation of P–3 aircraft

squadrons or other aircraft or units from the Naval Air Station

at Barbers Point, Hawaii unless such relocation was specifically

stated in the 1993 Report to the President of the Defense Base

Closure and Realignment Commission.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00048 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—49

SEC. 8119. The Secretary of Defense is authorized to use, for foreign military sales otherwise authorized under Chapter 39, title

22, United States Code, or for transfer to United States Army,

Army National Guard, or Army Reserves, articles and services

procured for the implementation of the Italian air defense agreements: Provided, That the term ‘‘Italian air defense agreements’’ has the meaning given such term in section 1050 of Public Law

102–190 (105 Stat. 1469): Provided further, That upon notification

of the Government of the United States by the Government of

Italy of its desire to withdraw from the Italian air defense agreement or 180 days from the enactment of this Act, section 1050

of Public Law 102–190 (105 Stat. 1469) is repealed.

SEC. 8119A. Notwithstanding any other provision of law, funds and credits received from the contractor under contract warranties

for the failure of the first ultra high frequency follow-on satellite

shall no longer be available for a replacement ultra high frequency

satellite but shall be made available to finance a replacement

extremely high frequency satellite and its launch.

(TRANSFER OF FUNDS)

SEC. 8120. Upon enactment of this Act, the Secretary of Defense shall make the following transfers of funds: Provided, That the

amounts transferred shall be available for the same purposes as

the appropriations to which transferred, and for the same time

period as the appropriation from which transferred: Provided further, That the amounts shall be transferred between the following appropriations in the amounts specified:

From:

Under the heading, ‘‘Research, Development, Test and Evaluation, Navy, 1993/1994’’, $3,459,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1986/1990’’: MHC coastal mine hunter program, $3,459,000;

From:

Under the heading, ‘‘Research, Development, Test and Evaluation, Navy, 1993/1994’’, $42,936,000; Under the heading, ‘‘Research, Development, Test and Evaluation, Air Force, 1993/1994’’, $55,500,000;

Under the heading, ‘‘Aircraft Procurement, Navy, 1992/ 1994’’, $8,000,000;

Under the heading, ‘‘National Guard and Reserve Equipment, 1992/1994’’, $3,400,000;

Under the heading, ‘‘National Guard and Reserve Equipment, 1993/1995’’, $3,618,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1988/1992’’: SSN–688 attack submarine program, $26,596,000;

CVN nuclear aircraft carrier program, $83,600,000;

LHD–1 amphibious assault ship program, $3,258,000;

From:

Under the heading, ‘‘Aircraft Procurement, Navy, 1992/ 1994’’, $57,600,000;

Under the heading, ‘‘Weapons Procurement, Navy,

1992/1994’’, $36,000,000;

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00049 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—50

Under the heading, ‘‘Other Procurement, Navy, 1993/

1995’’, $66,756,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1989/1993’’:

TRIDENT ballistic missile submarine program,

$11,655,000;

SSN–688 attack submarine program, $26,972,000;

SSN–21 attack submarine program, $40,800,000;

DDG–51 destroyer program, $71,500,000;

MHC coastal mine hunter program, $9,429,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1990/1994’’:

AOE combat support ship program, $3,505,000;

Oceanographic ship program, $538,000;

Craft, outfitting, post delivery, and ship special

support equipment, $994,000;

Under the heading, ‘‘Weapons Procurement, Navy,

1993/1995’’, $49,868,000;

Under the heading, ‘‘Other Procurement, Navy, 1993/

1995’’, $58,456,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1990/1994’’:

TRIDENT ballistic missile submarine program,

$7,241,000;

DDG–51 destroyer program, $40,100,000;

MCM mine countermeasures program, $7,564,000;

T–AGOS surveillance ship program, $58,456,000;

From:

Under the heading, ‘‘Aircraft Procurement, Navy, 1993/

1995’’, $45,700,000;

Under the heading, ‘‘National Guard and Reserve

Equipment, 1993/1995’’, $29,282,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1991/1995’’:

Craft, outfitting, post delivery, and special support

equipment, $3,806,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1992/1996’’:

DDG–51 destroyer program, $41,800,000;

Craft, outfitting, post delivery, and DBOF transfer,

$2,560,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1992/1995’’:

T–AO fleet oiler program, $27,000,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1993/1994’’:

T–AO fleet oiler program, $13,000,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1993/1996’’:

T–AO fleet oiler program, $12,129,000;

Under the heading, ‘‘Weapons Procurement, Navy,

1993/1995’’, $55,932,000;

Under the heading, ‘‘Other procurement, Navy, 1993/

1995’’, $38,062,000;

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00050 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—51

To:

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1991/1995’’:

SSN–21 attack submarine program, $237,971,000;

DDG–51 destroyer program, $31,300,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1993/1996’’:

T–AO fleet oiler program, $31,371,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1993/1997’’:

DDG–51 destroyer program, $14,400,000;

Refueling overhauls, $909,000;

MHC coastal mine hunter program, $9,343,000;

Craft, outfitting, post delivery, and first destination transportation, and inflation adjustments,

$45,177,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1987/1991’’:

AO conversion program, $256,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1988/1992’’:

LSD–41 cargo variant ship program, $28,250,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1989/1993’’:

T–AO fleet oiler program, $14,184,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1990/1994’’:

LSD–41 dock landing ship cargo variant program,

$30,300,000;

Oceanographic ship program, $410,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1991/1995’’:

LSD–41 dock landing ship cargo variant program,

$27,800,000.

SEC. 8120A. The provision in Public Law 102–396 requiring

that not less than $55,500,000 be made available only for the

Space Nuclear Thermal Propulsion Program is hereby repealed.

SEC. 8121. Notwithstanding any other provision of law, funds

appropriated in this Act for the upgrade, purchase, or modernization

of supercomputing capability and capacity under the High Performance Computing Modernization program shall only be available

for contracts, contract modifications, or contract options which are

awarded as the result of open competition based upon the requirements of the users without regard to the architecture or design

of the supercomputer system.

SEC. 8122. Amounts collected for the use of the facilities of

the National Science Center for Communications and Electronics

during the current fiscal year pursuant to section 1459(g) of the

Department of Defense Authorization Act, 1986 and deposited to

the special account established under subsection 1459(g)(2) of that

Act are appropriated and shall be available until expended for

the operation and maintenance of the Center as provided for in

subsection 1459(g)(2).

SEC. 8123. The Secretary of Defense and the Director of Central

Intelligence shall deliver, in conjunction with the fiscal year 1995

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00051 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—52

budget request, a report providing the following information about

all research and development projects involving the implementation,

monitoring, or verification of current and projected international

arms control agreements: (a) annual and total budgets, goals, schedules, and priorities; (b) relationships among related projects being

funded by the Department of Defense, the National Foreign Intelligence Program, and other departments and agencies of the Federal

Government; and (c) comments by the Arms Control and Disarmament Agency about the relevance of each project to the arms

control priorities of the United States.

SEC. 8124. Notwithstanding any other provision of law, none

of the funds appropriated in this or any other Act shall be used

for the purchase of a totally enclosed lifeboat survival system,

which consists of the lifeboat and associated davits and winches,

if less than 50 percent of the entire system’s components are manufactured in the United States, and if less than 50 percent of the

labor in the manufacture and assembly of the entire system is

performed in the United States.

SEC. 8125. None of the funds appropriated by this Act may

be used (1) to transfer to the United Nations a facility in the

continental United States for use as a United Nations peacekeeping

facility, or (2) for the renovation of such a facility in preparation

for such a transfer.

SEC. 8126. (a) None of the funds appropriated in this Act

may be expended by an entity of the Department of Defense unless

the entity, in expending the funds, complies with the Buy American

Act. For purposes of this subsection, the term ‘‘Buy American Act’’

means title III of the Act entitled ‘‘An Act making appropriations

for the Treasury and Post Office Departments for the fiscal year

ending June 30, 1934, and for other purposes’’, approved March

3, 1933 (41 U.S.C. 10a et seq.).

(b) If the Secretary of Defense determines that a person has

been convicted of intentionally affixing a label bearing a ‘‘Made

in America’’ inscription to any product sold in or shipped to the

United States that is not made in America, the Secretary shall

determine, in accordance with section 2410f of title 10, United

States Code, whether the person should be debarred from contracting with the Department of Defense.

SEC. 8127. In the case of members who separate from active

duty or full-time National Guard duty in a military department

pursuant to a Special Separation Benefits program (10 U.S.C. Sec.

1174a) or a Voluntary Separation Incentive program (10 U.S.C.

Sec. 1175) at any time after the enactment of this Act, the separation payments paid such members who are also paid any bonus

provided for in chapter 5, title 37, United States Code, during

the same years in which they separate shall be reduced (but in

no event to an amount less than zero) by an amount equal to

any such bonus: Provided, That any future bonus payments to

which such members would otherwise be entitled are rescinded:

Provided further, That this measure will not apply to members

who separate during the last year of a bonus paid pursuant to

chapter 5, title 37, United States Code: Provided further, That

civilian employees of the Department of Defense are prohibited

from receiving voluntary separation payments if such employees

are rehired by another agency of the Federal Government within

one hundred and eighty days of separating from the Department

of Defense.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00052 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—53

SEC. 8128. Under the heading ‘‘Research, Development, Test

and Evaluation, Army’’ in the Department of Defense Appropriations Act, 1993 (Public Law 102–396), delete the final proviso and

insert in lieu thereof: ‘‘: Provided further, That of the funds appropriated in this paragraph, $4,000,000 shall be used only for a

grant to the Assistive Technology Center at the National Rehabilitation Hospital for laboratory and other efforts associated with

research and development and other programs of major importance

to the Department of Defense’’.

SEC. 8129. None of the funds available to the Department

of Defense in this Act shall be used by the Secretary of a military

department to purchase coal or coke from foreign nations for use

at United States defense facilities in Europe when coal from the

United States is available.

SEC. 8130. None of the funds appropriated or otherwise made

available by this Act may be used for a defense technology reinvestment project that is not selected pursuant to the applicable competitive selection and other procedures set forth in chapter 148 of

title 10, United States Code.

SEC. 8131. The appropriation, ‘‘Emergency Response Fund,

Defense’’ made under the heading ‘‘Emergency Response Fund’’

by the Department of Defense Appropriations Act, 1990 (Public

Law 101–165) is amended by inserting the following immediately

after the third sentence: ‘‘In addition to the foregoing, upon a

determination by the Secretary of Defense that such action is necessary, the Fund may be used, in addition to other funds available

to the Department of Defense for such purposes, for expenses of

the Department of Defense which are incurred in supplying supplies

or services furnished in response to natural or manmade disasters.’’.

SEC. 8132. None of the funds appropriated by this Act shall

be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited

proposal unless the head of the activity responsible for the procurement determines:

(1) as a result of thorough technical evaluation, only one

source is found fully qualified to perform the proposed work,

or

(2) the purpose of the contract is to explore an unsolicited

proposal which offers significant scientific or technological

promise, represents the product of original thinking, and was

submitted in confidence by one source, or (3) the purpose of the contract is to take advantage of

unique and significant industrial accomplishment by a specific

concern, or to insure that a new product or idea of a specific

concern is given financial support:

Provided, That this limitation shall not apply to contracts in an

amount of less than $25,000, contracts related to improvements

of equipment that is in development or production, or contracts

as to which a civilian official of the Department of Defense, who

has been confirmed by the Senate, determines that the award

of such contract is in the interest of the national defense.

SEC. 8133. Not later than January 1, 1994, the Secretary of

the Navy shall transfer, without reimbursement, to the Secretary

of State a tract of land consisting of approximately 10 acres,

together with improvements thereon, which comprise that portion

of the Naval Base, Charleston, South Carolina, bounded by Bainbridge Avenue, Holland Street, and Dyess Avenue and known as

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00053 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—54

buildings 646, 646A, 647, 643, 645, and 649, excluding building

644, and all walkways and parking areas associated with such

buildings: Provided, That the real property transferred pursuant to this section shall be used by the Secretary of State in support

of diplomatic and consular operations: Provided further, That the

exact acreage and legal description of the property to be transferred

under this section shall be determined by a survey approved by

the Secretary of the Navy.

SEC. 8134. (a)(1) The Secretary of Defense shall pay a death gratuity under this section to each beneficiary under a Servicemen’s

Group Life Insurance policy in the case of each deceased member

of the uniformed services described in paragraph (2). (2) This section applies with respect to any member of the uniformed services—

(A) who died on or after October 29, 1992 (the date of

the enactment of the Veterans’ Benefits Act of 1992 (Public

Law 102–568)), and before December 1, 1992 (the effective

date of amendments made by title II of the Act, relating to

veterans’ life insurance programs); and (B) whose death was in performance of duty. (b)(1) The amount of the death gratuity payable to a beneficiary under this section shall be equal to the amount of the life insurance

proceeds paid or payable to that beneficiary under section 1967(a)

of title 38, United States Code, by reason of death of such member. (2) In the case of a deceased member of the uniformed services

who, before death, affirmatively elected, in writing, to apply for

an increase in SGLI coverage in an amount less than $100,000

under subsection (e) of section 1967 of title 38, United States

Code, the death gratuity paid under this section shall be equal

to the amount of the increase so elected.

(c) A death gratuity may not be paid under this section if the deceased member, before death, affirmatively elected, in writing,

to apply for increased SGLI coverage under subsection (e) of section

1967 of title 38, United States Code, and, by reason of a provision

of law enacted after October 29, 1992, insurance is payable pursuant

to that election.

(d) A death gratuity shall be payable under this section to an SGLI beneficiary upon receipt of a written application for the

payment of such gratuity. Any such application must be received

by the Secretary of Defense not later than September 30, 1994. (e) In addition to amounts otherwise appropriated in this Act,

the amount of $5,300,000 is hereby appropriated for, and shall

be available only for, the payment of death gratuities under this

section. Funds provided under this section shall remain available

until expended for any valid claims received by the Secretary of

Defense not later than September 30, 1994.

(RESCISSIONS)

SEC. 8135. Of the funds provided in Department of Defense

Appropriations Acts, the following funds are hereby rescinded from

the following accounts in the specified amounts: ‘‘Aircraft Procurement, Army, 1993/1995’’, $42,700,000;

‘‘Procurement of Ammunition, Army, 1992/1994’’, $30,181,000;

‘‘Procurement of Ammunition, Army, 1993/1995’’,

$52,480,000;

‘‘Other Procurement, Army 1992/1994’’, $4,000,000;

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00054 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—55

‘‘Weapons Procurement, Navy, 1992/1994’’, $15,000,000;

‘‘Weapons Procurement, Navy, 1993/1995’’, $7,500,000;

‘‘Other Procurement, Navy, 1993/1995’’, $26,600,000;

‘‘Procurement, Marine Corps, 1992/1994’’, $8,274,000;

‘‘Procurement, Marine Corps, 1993/1995’’, $6,508,000;

‘‘Missile Procurement, Air Force, 1993/1995’’, $6,000,000;

‘‘Other Procurement, Air Force, 1993/1995’’, $13,706,000;

‘‘Other Procurement, Air Force, 1992/1994’’, $17,276,000;

‘‘Research, Development, Test and Evaluation, Air Force,

1993/1994’’, $51,000,000.

SEC. 8136. Not later than May 1, 1994, the Under Secretary

of Defense for Acquisition shall submit to the Congressional defense

committees the complete results of an independent study of options

for accomplishing the functions now performed by the Defense

Nuclear Agency (DNA): Provided, That of the total amounts available to the Department of Defense for financing the activities of

defense federally funded research and development centers during

fiscal year 1994, $1,000,000 shall be made available within 30

days after the enactment of this Act for the purposes of the aforementioned study.

SEC. 8137. Notwithstanding any other provision of law, within

30 days from the enactment of this Act, the Department of the

Navy shall select and take possession of either LCU–1540 or LCU–

1549 from the General Services Administration: Provided, That

the Navy shall modify or have modified the selected vessel utilizing

commercial standards that meet United States Coast Guard certification requirements as safe to operate in open ocean as a cargo

vessel: Provided further, That upon completion of all modifications

and certification by the United States Coast Guard, the Navy shall

immediately transfer title of the vessel, at no cost, to the government of American Samoa: Provided further, That of the funds

appropriated in this Act in title II, Operation and Maintenance,

Navy, $1,500,000 shall be available for this purpose: Provided further, That notwithstanding any other provision of law, funds available to the Department of Defense shall be made available to

provide transportation of medical supplies and equipment, on a

nonreimbursable basis, to American Samoa.

SEC. 8138. (a) It is the sense of Congress that—

(1) the Secretary of Defense should not prohibit any mili- tary installation described in subsection (b) from bidding on

or performing Department of Defense contracts for overhaul

services or for depot-level maintenance of material for the

Armed Forces that are awarded using competitive procedures; (2) performance of such a contract by such a military

installation should not affect the schedule for closure of the

installation;

(3) such a contract should not be entered into for the

performance of work at such an installation if the time necessary for performance of the contract extends beyond the date

established for closure of the installation or if the performance

of the contract at the installation would otherwise affect the

schedule for closure of the installation; and

(4) such a contract awarded to a military installation should

be terminated for default if the contract is not completed on

or before the completion date provided in the contract.

(b) A military installation referred to in subsection (a) is a

military installation that (1) has been approved for closure subject

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00055 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—56

to the provisions of the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of Public Law 101–510), (2)

is in the process of implementing a conversion or reuse strategy

for the installation to take effect upon closure, and (3) has received

some funds from the Department of Defense for the purpose of

implementing the conversion or reuse strategy.

SEC. 8139. It is the sense of the Congress that operators of

industrial facilities at military installations closed after the date

of the enactment of this Act should be permitted to qualify as

offerors for (1) proposed Department of Defense contracts for overhaul services for the Armed Forces, and (2) proposed Department

of Defense contracts for depot-level maintenance of material for

the Armed Forces.

SEC. 8140. It is the sense of the Senate that the Government

of the United States and the Government of Saudi Arabia should

work diligently and without delay to resolve satisfactorily the

outstanding commercial disputes identified in the Department of

Commerce letter; date May 27, 1992: Provided, That not later

than February 1, 1994, the Secretary of Defense, after consultation

with the Secretary of State and the Secretary of Commerce, shall

submit a report to the Congress on the status of the process for

the resolution of commercial disputes in Saudi Arabia and the

prognosis for any of the disputes which remain unresolved.

SEC. 8141. It is the sense of the Congress that—

(a) the Secretary of the Air Force consider the comments

of the appropriate representatives of the Duck Valley Reservation of the Shoshone-Paiute Tribes in making decisions on

use of airspace above such reservation,

(b) the interests of the Duck Valley Reservation of the

Shoshone-Paiute Tribes receive the appropriate consideration

under any pending or future National Environmental Policy

Act process involving airspace over Duck Valley Reservation,

and

(c) to the extent practicable, airspace used for military

training flights below 15,000 feet above ground level over the

Duck Valley Reservation shall be over uninhabited areas of

the Reservation.

SEC. 8142. (a) It is the sense of the Congress that, for purposes

of section 112 of the Internal Revenue Code of 1986, the President

should declare that service in Somalia during the period described

in subsection (b) should be treated as service in a combat zone.

(b) The period referred to in subsection (a) is the period beginning on December 10, 1992, and ending on the date on which

withdrawal from Somalia of all forces of the Armed Forces of

the United States in Somalia has been completed, as declared

in a proclamation issued by the President.

SEC. 8143. Notwithstanding any other provision of law, the

Secretary of the Navy shall obligate the funds appropriated for

fiscal years 1992 and 1993 for the USH–42 Mission Recorder program within the A–6 aircraft program: Provided, That the Secretary

of the Navy verifies that the mission recorder is required in the

future for Navy aircraft for peacetime training and bomb damage

assessment in combat: Provided further, That the Secretary shall

make this verification within thirty days of this Act becoming

law: Provided further, That the Secretary shall obligate such funds

within thirty days of this verification that the mission recorder

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00056 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—57

is required in Navy aircraft for peacetime training and bomb damage assessment in combat.

SEC. 8144. The Secretary of Defense shall submit to Congress

a report containing information on the cost to the United States

of transporting supplies for the Army, Navy, Air Force, or Marine

Corps by sea on United States-flag commercial vessels pursuant

to the cargo preference laws of the United States, including the

amount of the cost savings that could have been realized if such

supplies had been transported at competitive international shipping

rates available from non-cargo preference vessels, the subsidization

of foreign-flag vessels, and the impact on the viability of the United

States merchant marine if the cargo preference requirements were

ended. The report shall cover a cargo preference year which shall

be a 12-month period defined by the Secretary.

SEC. 8145. None of the funds appropriated for the Department

of Defense for fiscal year 1994 by this Act may be used for making

any progress payment under the C–17 aircraft program that is

not consistent with the requirements of section 2307(d)(1) of title

10, United States Code.

SEC. 8146. (a) It is the sense of Congress that none of the

funds appropriated or otherwise made available by this Act should

be available for the purposes of deploying United States Armed

Forces to participate in the implementation of a peace settlement

in Bosnia-Herzegovina, unless previously authorized by the Congress.

(b) It is the sense of Congress that the limitation set forth

in subsection (a) should not preclude missions and operations initiated on or before October 20, 1993, including the provision of

any humanitarian assistance by the Department of Defense.

SEC. 8147. SENSE OF CONGRESS ON THE USE OF FUNDS FOR

UNITED STATES MILITARY OPERATIONS IN HAITI.—(a) STATEMENT

OF POLICY.—It is the sense of the Congress that—

(1) all parties should honor their obligations under the

Governors Island Accord of July 3, 1993 and the New York

Pact of July 16, 1993; (2) the United States has a national interest in preventing

uncontrolled emigration from Haiti; and (3) the United States should remain engaged in Haiti to

support national reconciliation and further its interest in

preventing uncontrolled emigration.

(b) LIMITATION.—It is the sense of Congress that funds appropriated by this Act should not be obligated or expended for United

States military operations in Haiti unless— (1) authorized in advance by the Congress; or

(2) the temporary deployment of United States Armed

Forces into Haiti is necessary in order to protect or evacuate

United States citizens from a situation of imminent danger

and the President reports as soon as practicable to Congress

after the initiation of the temporary deployment, but in no

case later than forty-eight hours after the initiation of the

temporary deployment; or

(3) the deployment of United States Armed Forces into

Haiti is vital to the national security interests of the United

States, including but not limited to the protection of American

citizens in Haiti, there is not sufficient time to seek and receive

Congressional authorization, and the President reports as soon

as practicable to Congress after the initiation of the deployment,

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00057 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—58

but in no case later than forty-eight hours after the initiation

of the deployment; or

(4) the President transmits to the Congress a written report

pursuant to subsection (c).

(c) REPORT.—It is the sense of Congress that the limitation

in subsection (b) should not apply if the President reports in advance

to Congress that the intended deployment of United States Armed

Forces into Haiti—

(1) is justified by United States national security interests;

(2) will be undertaken only after necessary steps have

been taken to ensure the safety and security of United States

Armed Forces, including steps to ensure that United States

Armed Forces will not become targets due to the nature of

their rules of engagement;

(3) will be undertaken only after an assessment that—

(A) the proposed mission and objectives are most appropriate for the United States Armed Forces rather than

civilian personnel or armed forces from other nations, and

(B) that the United States Armed Forces proposed

for deployment are necessary and sufficient to accomplish

the objectives of the proposed mission;

(4) will be undertaken only after clear objectives for the

deployment are established;

(5) will be undertaken only after an exit strategy for ending

the deployment has been identified; and

(6) will be undertaken only after the financial costs of

the deployment are estimated.

(d) DEFINITION.—As used in this section, the term ‘‘United

States military operations in Haiti’’ means the continued deployment, introduction or reintroduction of United States Armed Forces

into the land territory of Haiti, irrespective of whether those Armed

Forces are under United States or United Nations command, but

does not include activities for the collection of foreign intelligence,

activities directly related to the operations of United States diplomatic or other United States Government facilities, or operations

to counter emigration from Haiti.

SEC. 8148. Funds appropriated in title III of this Act for the

Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for

the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the

National Defense Authorization Act for Fiscal Year 1991 (Public

Law 101–510; 10 U.S.C. 2301 note), as amended, under the authority of this provision or any other transfer authority contained in

this Act.

SEC. 8149. Funding appropriated under the heading ‘‘Operation

and Maintenance, Defense-Wide’’ for increasing energy and water

efficiency in Federal buildings may be transferred to other appropriations or funds of the Department of Defense, to be merged

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

time period, as the appropriation or fund to which transferred.

SEC. 8150. Upon approval by the Secretary of the Navy, clause

(2) of section 7308(c) of title 10, United States Code, shall not

apply with respect to the transfer of the USS Blueback by the

Secretary of the Navy under section 7308(a) of such title.

SEC. 8151. (a) The Congress finds that—

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00058 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—59

(1) the United States entered into Operation Restore Hope

in December of 1992 for the purpose of relieving mass starvation in Somalia;

(2) the original mission in Somalia, to secure the environment for humanitarian relief, had the unanimous support of

the Senate, expressed in Senate Joint Resolution 45, passed

on February 4, 1993, and was endorsed by the House when

it amended S.J. Res. 45 on May 25, 1993;

(3) Operation Restore Hope was being successfully accomplished by United States forces, working with forces of other

nations, when it was replaced by the UNOSOM II mission,

assumed by the United Nations on May 4, 1993, pursuant

to United Nations Resolution 814 of March 26, 1993;

(4) neither the expanded United Nations mission of

national reconciliation, nor the broad mission of disarming the

clans, nor any other mission not essential to the performance

of the humanitarian mission has been endorsed or approved

by the Senate;

(5) the expanded mission of the United Nations was, subsequent to an attack upon United Nations forces, diverted into

a mission aimed primarily at capturing certain persons, pursuant to United Nations Security Council Resolution 837, of June

6, 1993;

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

United Nations mission to subdue those elements, have resulted

in open conflict in the city of Mogadishu and the deaths of

29 Americans, at least 159 wounded, and the capture of American personnel; and

(7) during fiscal years 1992 and 1993, the United States

incurred expenses in excess of $1,100,000,000 to support operations in Somalia.

(b) The Congress approves the use of United States Armed

Forces in Somalia for the following purposes: (1) The protection of United States personnel and bases;

and

(2) The provision of assistance in securing open lines of

communication for the free flow of supplies and relief operations

through the provision of— (A) United States military logistical support services

to United Nations forces; and

(B) United States combat forces in a security role and

as an interim force protection supplement to United

Nations units: Provided, That funds appropriated, or otherwise made available, in this or any other Act to the Department of Defense may be obligated for expenses incurred

only through March 31, 1994, for the operations of United

States Armed Forces in Somalia: Provided further, That

such date may be extended if so requested by the President

and authorized by the Congress: Provided further, That

funds may be obligated beyond March 31, 1994 to support

a limited number of United States military personnel sufficient only to protect American diplomatic facilities and

American citizens, and noncombat personnel to advise the

United Nations commander in Somalia: Provided further,

That United States combat forces in Somalia shall be under

the command and control of United States commanders

under the ultimate direction of the President of the United

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00059 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—60

States: Provided further, That the President should intensify efforts to have United Nations member countries immediately deploy additional troops to Somalia to fulfill previous force commitments made to the United Nations and

to deploy additional forces to assume the security missions

of United States Armed Forces: Provided further, That—

(i) captured United States personnel in Somalia

should be treated humanely and fairly; and

(ii) the United States and the United Nations

should make all appropriate efforts to ensure the

immediate and safe return of any future captured

United States personnel: Provided further, That the

President should ensure that, at all times, United

States military personnel in Somalia have the capacity

to defend themselves, and American citizens: Provided

further, That the United States Armed Forces should

remain deployed in or around Somalia until such time

as all American service personnel missing in action

in Somalia are accounted for, and all American service

personnel held prisoner in Somalia are released: Provided further, That nothing herein shall be deemed

to restrict in any way the authority of the President

under the Constitution to protect the lives of Americans.

SEC. 8152. Funds appropriated by this Act for intelligence

or intelligence-related activities are deemed to be specifically

authorized by the Congress for purposes of section 504 of the

National Security Act of 1947 (50 U.S.C. 414) during fiscal year

1994 until the enactment of the Intelligence Authorization Act

for fiscal year 1994.

SEC. 8153. (1) Except as provided in subsection (c) below, it

is the sense of the Congress that none of the funds appropriated

by this Act should be obligated or expended for costs incurred

by the United States Armed Forces units serving in any international peacekeeping or peace-enforcement operations under the

authority of Chapter VI or Chapter VII of the United Nations

Charter and under the authority of a United Nations Security

Council Resolution, or for costs incurred by United States Armed

Forces serving in any significant international humanitarian, peacekeeping or peace-enforcement operations, unless—

(a) the President initiates consultations with the bi-partisan leadership of Congress, including the leadership of the

relevant committees, regarding such operations; these consultations should be initiated at least fifteen days prior to the

initial deployment of United States Armed Forces units to

participate in such an operation, whenever possible, but in

no case later than forty-eight hours after such a deployment;

and these consultations should continue on a periodic basis

throughout the period of the deployment;

(b) such consultation should include discussion of—

(1) the goals of the operation and the mission of any

United States Armed Forces units involved in the operation;

(2) the United States’ interests that will be served

by the operation;

(3) the estimated cost of the operation;

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00060 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—61

(4) the strategy by which the President proposes to

fund the operation, including possible supplemental appropriations or payments from international organizations, foreign countries or other donors;

(5) the extent of involvement of armed forces and other

contributions of personnel from other nations;

(6) the operation’s anticipated duration and scope;

(c) subsection (a) does not apply with respect to an international humanitarian assistance operation carried out in

response to natural disasters; or to any other international

humanitarian assistance operation if the President reports to

Congress that the estimated cost of such operation is less

than $50,000,000.

(2) Further, it is the sense of the Congress—

(a) that the President should seek a supplemental appropriation to defray the costs of United States military operations

in Somalia in order to restore needed operation and maintenance funds for United States Armed Forces;

(b) that the President should seek supplemental appropriations for any significant future deployment of United States

Armed Forces when such forces are to perform or have been

performing international humanitarian, peacekeeping or peaceenforcement operations.

SEC. 8154. The Department shall ensure that the A–6 rewing

contracts are terminated this fiscal year: Provided, That none of

the funds recouped by the Department through the termination

of the A–6 rewing program shall be available for obligation or

expenditure during this fiscal year.

SEC. 8155. None of the funds available to the Department

of Defense shall be available to make progress payments based

on costs to large business concerns at rates in excess of 75 percent

on contract solicitations issued after enactment of this Act.

SEC. 8156. Not to exceed $100,000,000 of the funds provided

in this Act may be made available for payment to non-United

States government entities for logistical support of Somalia operations: Provided, That the Congressional Defense Committees are

notified in advance of any obligations providing such support: Provided further, That any funds obligated pursuant to this authority

shall be reimbursed by the United Nations to the Department

of Defense to the originating appropriations.

TITLE IX

SEC. 9001. Congress makes the following findings:

(1) The Armed Forces of the United States have conducted

combat operations under the operational control of foreign

commanders on numerous occasions, including during two

World Wars.

(2) Regional security organizations, such as the North

Atlantic Treaty Organization, are premised on military operations by the forces of a number of nations under an integrated

chain of command consisting of officers from member nations.

(3) The end of the Cold War has seen a substantial increase

in the conduct of international ‘‘peacekeeping’’ and ‘‘peace

enforcement’’ operations pursuant to decisions of the United

Nations Security Council under Chapters VI and VII of the

United Nations Charter.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00061 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—62

(4) The United Nations has conducted traditional ‘‘peacekeeping’’ operations successfully over the years, but the number

and size of such operations has stretched the Organization’s

management and oversight capabilities thin.

(5) The United Nations has not yet acquired the expertise

or infrastructure to enable it to effectively manage ‘‘peace

enforcement’’ operations.

(6) Any special agreement negotiated by the President with

the United Nations Security Council to make units of the

United States Armed Forces available on call to the United

Nations must be approved by the Congress pursuant to the

United Nations Participation Act, enacted into law in 1945.

(7) Any decision by the President to place combat forces

of the Armed Forces of the United States under the operational

control of foreign commanders, other than pursuant to the

North Atlantic Treaty and other arrangements in effect at

the time of the enactment of this Act, has significant consequences for such forces, the Congress, and the American

people.

SEC. 9002. It is the sense of the Congress that—

(1) the Armed Forces of the United States must be under

the operational control of qualified commanders; and must have

clear and effective command and control arrangements; appropriate rules of engagement; and clear and unambiguous mission

statements;

(2) the President should consult with Congress before placing combat forces of the Armed Forces of the United States

under the operational control of foreign commanders, other

than pursuant to the North Atlantic Treaty and other arrangements in effect at the time of the enactment of this Act; and

(3) the President should submit a report to Congress within

48 hours after placing combat forces of the Armed Forces of

the United States under the operational control of foreign

commanders, other than pursuant to the North Atlantic Treaty

and other arrangements in effect at the time of the enactment

of this Act, setting forth— (A) the mission of such forces and a clear explanation

of the difference, if any, between the mission of such forces

and the mission of the forces of other nations participating

in the same military operations; (B) in a case in which the operation is conducted under

the auspices of the United Nations, an assessment of the

United Nations capability to effectively manage the operation;

(C) an explanation of the United States interest that

would be served by and the justification for placing such

forces under the operational control of a foreign commander

in this instance;

(D) the command and control arrangements for the

operation of which the forces of the Armed Forces of the

United States are a part;

(E) the number, type and general description of equipment of such forces;

(F) the estimated cost to the United States of the

participation of such forces;

(G) the anticipated duration of the participation of

such forces;

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00062 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—63

(H) a general description of the rules of engagement

for such forces; and

(I) the foreign commander or commanders involved.

TITLE X

CONVEYANCE OF KAHO’OLAWE ISLAND, HAWAII, TO THE STATE OF

HAWAII

SEC. 10001. (a) PURPOSE.—It is timely and in the interest

of the United States to recognize and fulfill the commitments made

on behalf of the United States to the people of Hawaii and to

return to the State of Hawaii the Island of Kaho’olawe. Kaho’olawe

Island is among Hawaii’s historic lands and has a long, documented

history of cultural and natural significance to the people of Hawaii

reflected, in part, in the Island’s inclusion on the National Register

of Historic Places and in the longstanding interest in the return

of the Island to State sovereignty, public access and use. Congress

finds that control, disposition, use and management of Kaho’olawe

is affected with a Federal interest. It also is in the national interest

and an obligation undertaken by Congress and the United States

under this and other Acts, and in furtherance of the purposes

of Executive Order 10436 (1953), to recognize the cultural and

humanitarian value of assuring meaningful, safe use of the Island

for appropriate cultural, historical, archaeological and educational

purposes as determined by the State of Hawaii and to provide

for the clearance or removal of unexploded ordnance and for the

environmental restoration of the Island for such purposes. Congress

also finds it is in the national interest and an essential element

in the Federal Government’s relationship with the State of Hawaii

to ensure that the conveyance, clearance or removal of unexploded

ordnance, environmental restoration, control of access to the Island

and future use of the Island be undertaken in a manner consistent

with the enhancement of that relationship, the Department of

Defense’s military mission, the Federal interest and applicable

provisions of law.

(b) CONVEYANCE.—Subject to section 10001(e) of this Act, the United States, through the Secretary of the Navy (also, hereinafter,

‘‘the Secretary’’), shall, notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 (42 U.S.C. 9620 (h)) convey and return, without consideration and without conditions other than those set forth in or

required by this Act, to the State of Hawaii all right, title and

interest of the United States, except that interest set forth in

section 10001(d)(2) and section 10001(e) of this Act, in and to

that parcel of property consisting of approximately 28,776 acres

of land known as Kaho’olawe Island, Hawaii and its surrounding

waters. Such conveyance of title shall occur no later than one

hundred eighty days from the date of enactment of this Act and

the appropriation of funds for such purposes described in this

Act.

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the parcel of property to be conveyed under section

10001(b) shall be determined by a survey that is deemed satisfactory

by the State of Hawaii in consultation with the Secretary. The

cost of the survey shall be borne by the Secretary, making use

of funds provided pursuant to this Act.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00063 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—64

(d) IMPLEMENTATION.—(1) The Secretary shall carry out the

requirements of this Act following consultation with the State of

Hawaii as required by section 10002 of this Act and with the

technical and logistical support, as needed, of the United States

Army Corps of Engineers and other Federal agencies.

(2) Notwithstanding any other provision of this Act, the Secretary shall retain the control of access to the Island, in consultation

with the State of Hawaii and prior to and following the entering

into force of the Memorandum of Understanding contained in section 10002 of this Act, until either clearance and restoration are

completed or within no more than ten years after the date of

enactment of this Act, whichever comes first, and control of access

is transferred to the State of Hawaii, pursuant to such conditions.

(e) INDEMNIFICATION AND THE CONTROL OF ACCESS.—(1) The

Navy shall retain control of the access to the Island during the

time period set forth in section 10001(d)(2) of this Act that it

is undertaking unexploded ordnance removal and hazardous materials removal activities required in this Act.

(2) During the time period the United States retains control

of access to the Island, the United States shall hold harmless,

defend and indemnify the State of Hawaii or its political subdivisions from and against all claims, demands, losses, damages, liens,

liabilities, injuries, deaths, penalties, fines, lawsuits and other

proceedings, judgments, awards and reasonable costs and expenses

arising out of, or in any manner predicated upon, the presence,

release or threatened release or any munitions, exploded or

unexploded ordnance, solid waste associated with such ordnance

or hazardous substance, pollutant or contaminant resulting from

the activities of the Department of Defense, including the activities

of the Department of the Navy and the Department of the Army

and any agent, employee, lessee, licensee, independent contractor

or other person on the property during such time that the property

was and remains under the control of the Department of Defense,

Navy, Army or other agencies of the United States Government.

Notwithstanding this subsection or any other provision of law,

response action contractors shall not be held harmless, defended

or indemnified for activities under this title and activities of

response action contractors are not included as activities of the

Department of Defense under this subsection.

The term ‘‘response action contractor’’ has the meaning given

such term in section 119(e)(2) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9619(e)(2)), except that such term includes a person who enters

into, and is carrying out, a contract to provide at a facility (including

a facility not listed on the National Priorities List) a response

action with respect to any release or threatened release from the

facility of a hazardous substance or pollutant or contaminant, or

a similar action with respect to petroleum or its derivatives.

(3) Nothing in this Act is intended to alter or affect the Federal

or State requirements of law governing liability following the transfer of control of access to the State of Hawaii, except that the

United States shall remain liable for and retain responsibility for

any environmental restoration, remediation, or corrective action

required at the property conveyed in paragraph (b).

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00064 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—65

COOPERATION OF FEDERAL DEPARTMENTS AND THE STATE OF HAWAII

AND TRANSFER OF CONTROL OF ACCESS

SEC. 10002. (a)(1) Upon the request of the Secretary or the

State of Hawaii, and in accordance with existing laws and requirements, any department or agency of the Federal Government may

provide assistance to the Secretary or the State of Hawaii, as

the case may be, in carrying out their respective duties under

this Act.

(2) Within one hundred eighty days following passage of this

Act, and notwithstanding any other provision of law, the Secretary

shall consult with and enter into a Memorandum of Understanding

with the State of Hawaii governing the terms and conditions of

(i) access to the Island for those purposes set forth in sections

10001 and 10002 of this Act and any other cultural, archeological,

educational and planning purposes provided for in this title, giving

due regard to the risk of harm to public health and the environment

and safety involved in providing such access and the need to avoid

interference with or disruption of the Navy’s clearance, removal

and remediation activities; (ii) the timing, planning, methodology

and implementation of ordnance clearance or removal and hazardous substance clearance and other waste removal and the protection

of historical, cultural and religious sites and artifacts: Provided,

That all reasonable effort should be made to avoid harm to such

sites and artifacts from the detonation of unexploded ordnance,

clearance or removal of ordnance, and hazardous substance clearance; (iii) the establishment of a two-tiered standard of restoration

and ordnance clearance, removal, restoration and safety, taking

into account the purpose for which any geographic area will be

used and the nature and purpose of human access to such area,

but assuring the protection of human health and the environment;

(iv) the means for protecting historical, cultural and religious sites

and artifacts from intentional destruction, harm and vandalism;

(v) public participation, as appropriate, including the opportunity

for public comment and hearing; and (vi) the means for regular

interval clean-ups and removal of newly discovered previously undetected ordnance by the Navy. Under any such terms and conditions,

the Secretary shall be assured full and necessary access to carry

out the obligations of the Secretary arising out of the responsibilities

and liabilities of this title. Such terms and conditions shall remain

in existence until the completion of the restoration and remediation

activities required by section 10002 of this Act and be revised

periodically by mutual consent and giving due regard to the importance of access to the Island as the level of clean-up, restoration

and remediation moves toward attainment. Nothing in this title

is intended to diminish or alter the rights and responsibilities

of the Navy to allow access to the Island that existed prior to

the enactment of this title.

(3) The United States, through the Secretary of the Navy,

shall transfer the control of access to the State of Hawaii within

no more than ten years from the date of enactment of this Act

or when the activities required by this Act, including ordnance

clearance or removal activities and environmental remediation

activities are completed, whichever comes first.

(4) Notwithstanding the duties and obligations set forth in

this title and notwithstanding the conveyance required under section 10001, the State of Hawaii shall not be liable or responsible

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00065 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—66

for the conduct of any clean-up and response actions arising from

and relating to the use, environmental clean-up and ordnance

removal and remediation of Kaho’olawe Island and its adjacent

waters.

KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

ENVIRONMENTAL RESTORATION TRUST FUND

SEC. 10003. (a) There is established on the books of the Treasury of the United States a fund to be known as the ‘‘Kaho’olawe

Island Conveyance, Remediation, and Environmental Restoration

Fund’’ (hereinafter in this subsection referred to as the ‘‘Fund’’).

The Fund shall be administered by the Secretary of the Treasury.

The Fund shall be used for the accumulation of funds in order

to pay the obligations incurred by the Secretary of the Navy or

the Department of Defense in carrying out the purposes of this

Act and for properly allocable costs of the Federal Government

in the administration of the Fund.

(b) There shall be deposited into the Fund the following, which

shall constitute the assets of the Fund:

(1) Amounts paid into the Fund from any source.

(2) Any amount appropriated to the Fund.

(3) Any return on investment of the assets of the Fund.

(c) To the extent provided in appropriation Acts, the assets

of the Fund shall be available for obligation by the Secretary

of the Navy to carry out the purposes of this Act.

(d) There is authorized to be appropriated into the Fund

$400,000,000, which may be appropriated as a lump sum or in

annual increments. Of the amounts deposited into the Fund, not

less than 11 percent shall be made available to the State of Hawaii

to carry out the provisions of section 10002 of this Act.

(e) Amounts appropriated to the Fund shall remain available

until obligated or until the Fund is terminated.

(f) Upon payment of all incremental costs associated with the

purposes for which the Fund is established, the Fund shall be

terminated.

(g) Subject to the provisions of this section, the Secretary is

authorized to provide $45,000,000 to the State of Hawaii for the

purpose of long term planning and implementation by the State

of (i) such long term planning, (ii) environmental restoration activities, and (iii) the terms and conditions set forth in the Memorandum

of Understanding required by section 10002 of this Act, concerning

Kaho’olawe Island and its adjacent waters. Such funds as are

provided by the Secretary for the purpose of carrying out this

section shall be made available to the State by the Secretary from

funds made available pursuant to this Act and shall be provided

to the State of Hawaii.

(h) Funds in addition to those provided pursuant to section

10003(g) may be provided to the State of Hawaii upon the submission of an acceptable plan containing the elements identified in

10003(g) of this Act and demonstrating, to the satisfaction of the

Secretary, that such funds are necessary to the proper fulfillment

of such elements and the purposes of this Act. The Secretary shall

have sole discretion to award such additional funds, however, the

award of such funds shall not be unreasonably withheld.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00066 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06
H. R. 3116—67

ANNUAL REPORT TO CONGRESS AND RELATED DISPUTE RESOLUTION

SEC. 10004. (a) The Secretary shall submit annually a report,

in detail, describing compliance with the provisions of this Act.

Such report shall include the comments of the State of Hawaii

and be submitted to the Defense Committees of Congress.

(b) Federal courts shall have jurisdiction to enforce the terms,

conditions and provisions of this Act, regarding the activities, duties,

and responsibilities of the United States, its departments, agencies,

and instrumentalities set forth in this Act and occurring on the

Island of Kaho’olawe and in its adjacent waters. In any judicial

review under this Act, the United States or the State, or both,

if not a party may intervene as a matter of right. The United

States, its departments, agencies and instrumentalities shall be

subject to only such injunctive relief as may be imposed by the

court to enforce compliance with the terms of this Act and the

Memorandum of Understanding. Such compliance shall be enforced

giving due regard to the need for expeditious clean-up under the

terms and conditions of this Act.

This Act may be cited as the ‘‘Department of Defense Appropriations Act, 1994’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

21:49 Nov 10, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00067 Fmt 6655 Sfmt 6501 E:\BILLS\H3116.ENR bend06