Union Calendar No. 143

103D CONGRESS

1ST SESSION H. R. 3116

[Report No. 103–254]

A BILL

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

SEPTEMBER 22, 1993

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed
IB

Union Calendar No. 143

103D CONGRESS

1ST SESSION H. R. 3116

[Report No. 103–254]

Making appropriations for the Department of Defense for the fiscal year

ending September 30, 1994, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 22, 1993

Mr. MURTHA, from the Committee on Appropriations, reported the following

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

Making appropriations for the Department of Defense for

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

purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

7 other purposes, namely:
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1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, interest on

5 deposits, gratuities, permanent change of station travel

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

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

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

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

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

15 $21,571,207,000.

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, interest on

18 deposits, gratuities, permanent change of station travel

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

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

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

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

3 $18,633,383,000.

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, interest on

6 deposits, gratuities, permanent change of station travel

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

9 permanent duty stations, for members of the Marine

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

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

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

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

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, interest on

18 deposits, gratuities, permanent change of station travel

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

21 permanent duty stations, for members of the Air Force

22 on active duty (except members of reserve components

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

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

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

2 Department of Defense Military Retirement Fund;

3 $15,916,937,000.

4 RESERVE PERSONNEL, ARMY

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

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

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

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

10 in connection with performing duty specified in section

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

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

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

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

18 RESERVE PERSONNEL, NAVY

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

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

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

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

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

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

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

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

5 the Department of Defense Military Retirement Fund;

6 $1,565,838,000.

7 RESERVE PERSONNEL, MARINE CORPS

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

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 265 of title

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

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

13 connection with performing duty specified in section

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

17 leaders class, and expenses authorized by section 2131 of

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

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

21 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

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

6 Reserve Officers’ Training Corps, and expenses authorized

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

10 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

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

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

17 in connection with performing duty specified in section

18 678(a) of title 10, United States Code, or while under19 going training, or while performing drills or equivalent

20 duty or other duty, and expenses authorized by section

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

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

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

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

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

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

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

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

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

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

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

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

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

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

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

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

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

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

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

7 made available only for the 1994 Capitol Fourth Project.

8 OPERATION AND MAINTENANCE, NAVY

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance of the Navy and the

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

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

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

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

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

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

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

22 connect residences located in the vicinity of the Naval Air

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

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance of the Marine Corps,

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

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

7 Business Operations Fund.

8 OPERATION AND MAINTENANCE, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, necessary

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

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

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

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

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

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

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

22 maintain and enhance the Tactical Interim CAMS and

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

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

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

3 TICARRS–92 be reestablished, with direct maintenance

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

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

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

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

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

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

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

16 structures, center plaza, and Homicycle of the Arlington

17 National Cemetery. These funds shall be made available

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

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

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

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

2 For expenses, not otherwise provided for, necessary

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

5 departments), as authorized by law; $9,497,133,000, of

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

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

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

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

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

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

16 $427,705,000 shall not be obligated or expended until au17 thorized by law.

18 OPERATION AND MAINTENANCE, ARMY RESERVE

19 For expenses, not otherwise provided for, necessary

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

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

24 recruiting; procurement of services, supplies, and

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

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

4 OPERATION AND MAINTENANCE, NAVY RESERVE

5 For expenses, not otherwise provided for, necessary

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

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

12 operational control of the Naval Reserve Personnel Center,

13 including its functions and responsibilities, shall be under

14 the command and control of the Commander, Naval Re15 serve Command: Provided further, That of the funds ap16 propriated in this paragraph, $31,400,000 shall not be ob17 ligated or expended until authorized by law.

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 RESERVE

20 For expenses, not otherwise provided for, necessary

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

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

25 recruiting; procurement of services, supplies, and equip-
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1 ment; and communications; $86,855,000: Provided, That

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

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

4 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance, including training, or7 ganization, and administration, of the Air Force Reserve;

8 repair of facilities and equipment; hire of passenger motor

9 vehicles; travel and transportation; care of the dead; re10 cruiting; procurement of services, supplies, and equip11 ment; and communications; $1,370,222,000: Provided,

12 That of the funds appropriated in this paragraph,

13 $15,644,000 shall not be obligated or expended until au14 thorized by law.

15 OPERATION AND MAINTENANCE, ARMY NATIONAL

16 GUARD

17 For expenses of training, organizing, and administer18 ing the Army National Guard, including medical and hos19 pital treatment and related expenses in non-Federal hos20 pitals; maintenance, operation, and repairs to structures

21 and facilities; hire of passenger motor vehicles; personnel

22 services in the National Guard Bureau; travel expenses

23 (other than mileage), as authorized by law for Army per24 sonnel on active duty, for Army National Guard division,

25 regimental, and battalion commanders while inspecting
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1 units in compliance with National Guard Bureau regula2 tions when specifically authorized by the Chief, National

3 Guard Bureau; supplying and equipping the Army Na4 tional Guard as authorized by law; and expenses of repair,

5 modification, maintenance, and issue of supplies and

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

7 That of the funds appropriated in this paragraph,

8 $10,000,000 shall be available only for a National Guard

9 Outreach Program in the Los Angeles School District:

10 Provided further, That of the funds appropriated in this

11 paragraph, $48,763,000 shall not be obligated or ex12 pended until authorized by law.

13 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

14 For operation and maintenance of the Air National

15 Guard, including medical and hospital treatment and re16 lated expenses in non-Federal hospitals; maintenance, op17 eration, repair, and other necessary expenses of facilities

18 for the training and administration of the Air National

19 Guard, including repair of facilities, maintenance, oper20 ation, and modification of aircraft; transportation of

21 things; hire of passenger motor vehicles; supplies, mate22 rials, and equipment, as authorized by law for the Air Na23 tional Guard; and expenses incident to the maintenance

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

25 such as may be furnished from stocks under the control
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1 of agencies of the Department of Defense; travel expenses

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

3 law for Air National Guard personnel on active Federal

4 duty, for Air National Guard commanders while inspecting

5 units in compliance with National Guard Bureau regula6 tions when specifically authorized by the Chief, National

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

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

9 shall be made available only for the operation of Air Na10 tional Guard C–130H operational support aircraft of the

11 159th Air National Guard Fighter Group and the 169th

12 Air National Guard Fighter Group: Provided further, That

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

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

15 NATIONAL BOARD FOR THE PROMOTION OF RIFLE

16 PRACTICE, ARMY

17 For the necessary expenses and personnel services

18 (other than pay and non-travel-related allowances of mem19 bers of the Armed Forces of the United States, except for

20 members of the reserve components thereof called or or21 dered to active duty to provide support for the national

22 matches) in accordance with law, for operation and main23 tenance of rifle ranges; the instruction of citizens in

24 marksmanship; the promotion of rifle practice; the conduct

25 of the national matches; the sale of ammunition under the
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1 authority of title 10, United States Code, sections 4308

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

3 individuals attending regional, national, and international

4 competitions; and the payment to competitors at national

5 matches under section 4312 of title 10, United States

6 Code, of subsistence and travel allowances under section

7 4313 of title 10, United States Code; not to exceed

8 $2,483,000.

9 COURT OF MILITARY APPEALS, DEFENSE

10 For salaries and expenses necessary for the United

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

12 not to exceed $2,500 can be used for official representa13 tion purposes: Provided, That of the funds appropriated

14 in this paragraph, $245,000 shall not be obligated or ex15 pended until authorized by law.

16 ENVIRONMENTAL RESTORATION, DEFENSE

17 (INCLUDING TRANSFER OF FUNDS)

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

19 remain available until transferred: Provided, That the Sec20 retary of Defense shall, upon determining that such funds

21 are required for environmental restoration, reduction and

22 recycling of hazardous waste, research and development

23 associated with hazardous wastes and removal of unsafe

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

25 similar purposes (including programs and operations at
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1 sites formerly used by the Department of Defense), trans2 fer the funds made available by this appropriation to other

3 appropriations made available to the Department of De4 fense as the Secretary may designate, to be merged with

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

6 time period as the appropriations of funds to which trans7 ferred: Provided further, That upon a determination that

8 all or part of the funds transferred from this appropriation

9 are not necessary for the purposes provided herein, such

10 amounts may be transferred back to this appropriation:

11 Provided further, That of the funds provided under this

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

13 only for the expedited cleanup of environmentally contami14 nated sites and only in accordance with a comprehensive

15 plan submitted to Congress by the Secretary of Defense.

16 SUPPORT FOR INTERNATIONAL SPORTING

17 COMPETITIONS, DEFENSE

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses of logistical support (including security

20 planning and services) and personnel services provided by

21 the Department of Defense for the World University

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

23 World Cup USA Organizing Committee, (other than pay

24 and nontravel related allowances of members of the Armed

25 Forces of the United States, except for members of the
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1 Reserve components thereof called or ordered to active

2 duty to provide support for such international sporting

3 competitions), as authorized by law, provided by any com4 ponent of the Department of Defense to such sporting

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

6 $2,000,000 shall be available only for the 1996 Games of

7 the XXVI Olympiad, to remain available until expended:

8 Provided, That unobligated balances of funds appropriated

9 in the Department of Defense Appropriations Act, 1992

10 (Public Law 102–172) under the headings ‘‘World Univer11 sity Games’’ and ‘‘Summer Olympics’’ and unobligated

12 balances of the funds appropriated in the Department of

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

14 under the headings ‘‘World University Games’’ and ‘‘Sum15 mer Olympics’’ and ‘‘World Cup USA 1994’’ in title II

16 of that Act shall, notwithstanding section 8003 of Public

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

18 upon the enactment of this Act, be transferred to this ap19 propriation, to be merged with and to be available for the

20 same purposes, and for the same time period, as this ap21 propriation: Provided further, That the funds so trans22 ferred from such Acts under the headings ‘‘Summer Olym23 pics’’ shall be available only for expenses for, or incurred

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

25 to the 1996 Games of the XXVI Olympiad: Provided fur-
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1 ther, That funds appropriated in this paragraph shall not

2 be obligated or expended until authorized by law.

3 HUMANITARIAN ASSISTANCE

4 For transportation for humanitarian relief for the

5 people of Afghanistan and sub-Saharan Africa, acquisition

6 and shipment of transportation assets to assist in the dis7 tribution of such relief, and for transportation and dis8 tribution of humanitarian relief supplies, and excess non9 lethal property; $15,000,000, to remain available for obli10 gation until September 30, 1995: Provided, That of the

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

12 not be obligated or expended until authorized by law.

13 GLOBAL COOPERATIVE INITIATIVES, DEFENSE-WIDE

14 (INCLUDING TRANSFER OF FUNDS)

15 For support of Department of Defense responses to

16 national and international natural disasters and the ex17 penses of other global disaster relief activities of the De18 partment of Defense; for acquisition, transportation, and

19 distribution of humanitarian relief supplies, including the

20 acquisition and shipment of transportation assets to assist

21 in the distribution of such humanitarian relief supplies;

22 and for Department of Defense expenses of participation

23 in, and support for, multilateral, international peacekeep24 ing and humanitarian efforts, including the provision of

25 military personnel, supplies, and services, under national
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1 or international auspices, in connection with such efforts;

2 $383,000,000, to remain available for transfer until Sep3 tember 30, 1995: Provided, That the Secretary of Defense

4 shall, upon determining that such funds are necessary to

5 carry out the purposes of this appropriation, transfer the

6 funds made available by this appropriation to other appro7 priations or funds available to the Department of Defense,

8 as the Secretary may designate, to be merged with, and

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

10 time period, as the appropriations or funds to which trans11 ferred: Provided further, That upon a determination that

12 all or part of the funds transferred from this appropriation

13 are not necessary for the purposes provided herein, such

14 amounts may be transferred back to this appropriation:

15 Provided further, That the transfer authority provided in

16 this paragraph is in addition to any transfer authority

17 contained elsewhere in this Act: Provided further, That

18 none of the funds appropriated under this heading shall

19 be obligated or expended for costs incurred by United

20 States Armed Forces in carrying out any international hu21 manitarian assistance, peacekeeping, peacemaking or

22 peace-enforcing operation unless, at least fifteen days be23 fore approving such operation, the President notifies the

24 Committees on Appropriations and Armed Services of

25 each House of Congress in accordance with established
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1 reprogramming procedures: Provided further, That any

2 such notification shall specify—

3 (1) the estimated cost of the operation;

4 (2) whether the method by which the President

5 proposes to pay for the operation will require supple6 mental appropriations, or payments from inter7 national organizations, foreign countries, or other

8 donors;

9 (3) the anticipated duration and scope of the

10 operation;

11 (4) the goals of the operation; and

12 (5) the United States interests that will be

13 served by the operation:

14 Provided further, That no other funds appropriated or

15 made available to the Department of Defense, other than

16 funds appropriated under this heading or under the head17 ing ‘‘Humanitarian Assistance’’ in this Act, shall be obli18 gated or expended for costs incurred by United States

19 Armed Forces in carrying out any international humani20 tarian assistance, peacekeeping, peacemaking or peace-en21 forcing operations: Provided further, That funds appro22 priated in this paragraph shall not be obligated or ex23 pended until authorized by law.
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1 FORMER SOVIET UNION THREAT REDUCTION

2 For assistance to the republics of the former Soviet

3 Union, including assistance provided by contract or by

4 grants, for facilitating the elimination and the safe and

5 secure transportation and storage of nuclear, chemical and

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

8 of weapons, weapons components, and weapons-related

9 technology and expertise; for expansion of military-to-mili10 tary contacts; for supporting the conversion of military

11 technologies and capabilities into civilian activities; and for

12 retraining military personnel of the former Soviet Union;

13 $400,000,000, to remain available until expended.

14 TITLE III

15 PROCUREMENT

16 AIRCRAFT PROCUREMENT, ARMY

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

19 ordnance, ground handling equipment, spare parts, and

20 accessories therefor; specialized equipment and training

21 devices; expansion of public and private plants, including

22 the land necessary therefor, for the foregoing purposes,

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

24 construction prosecuted thereon prior to approval of title;

25 and procurement and installation of equipment, appli-
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1 ances, and machine tools in public and private plants; re2 serve plant and Government and contractor-owned equip3 ment layaway; and other expenses necessary for the fore4 going purposes; $1,726,164,000, to remain available for

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

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

7 not be obligated or expended until authorized by law.

8 MISSILE PROCUREMENT, ARMY

9 For construction, procurement, production, modifica10 tion, and modernization of missiles, equipment, including

11 ordnance, ground handling equipment, spare parts, and

12 accessories therefor; specialized equipment and training

13 devices; expansion of public and private plants, including

14 the land necessary therefor, for the foregoing purposes,

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

16 and construction prosecuted thereon prior to approval of

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

19 reserve plant and Government and contractor-owned

20 equipment layaway; and other expenses necessary for the

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

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

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

24 shall not be obligated or expended until authorized by law.
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and

4 modification of weapons and tracked combat vehicles,

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

7 expansion of public and private plants, including the land

8 necessary therefor, for the foregoing purposes, and such

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

11 procurement and installation of equipment, appliances,

12 and machine tools in public and private plants; reserve

13 plant and Government and contractor-owned equipment

14 layaway; and other expenses necessary for the foregoing

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

16 until September 30, 1996: Provided, That of the funds ap17 propriated in this paragraph, $15,712,000 shall not be ob18 ligated or expended until authorized by law.

19 PROCUREMENT OF AMMUNITION, ARMY

20 (INCLUDING TRANSFER OF FUNDS)

21 For construction, procurement, production, and

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

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

3 and construction prosecuted thereon prior to approval of

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

6 reserve plant and Government and contractor-owned

7 equipment layaway; and other expenses necessary for the

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

9 $100,000,000, to be derived by transfer from the Conven10 tional Ammunition Working Capital Fund of the Depart11 ment of Defense, to remain available for obligation until

12 September 30, 1996.

13 OTHER PROCUREMENT, ARMY

14 For construction, procurement, production, and

15 modification of vehicles, including tactical, support, and

16 nontracked combat vehicles; the purchase of not to exceed

17 16 passenger motor vehicles for replacement only; commu18 nications and electronic equipment; other support equip19 ment; spare parts, ordnance, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including the land necessary there22 for, for the foregoing purposes, and such lands and inter23 ests therein, may be acquired, and construction prosecuted

24 thereon prior to approval of title; and procurement and

25 installation of equipment, appliances, and machine tools
26

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1 in public and private plants; reserve plant and Govern2 ment and contractor-owned equipment layaway; and other

3 expenses necessary for the foregoing purposes;

4 $2,904,933,000, to remain available for obligation until

5 September 30, 1996.

6 AIRCRAFT PROCUREMENT, NAVY

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

9 ordnance, spare parts, and accessories therefor; specialized

10 equipment; expansion of public and private plants, includ11 ing the land necessary therefor, and such lands and inter12 ests therein, may be acquired, and construction prosecuted

13 thereon prior to approval of title; and procurement and

14 installation of equipment, appliances, and machine tools

15 in public and private plants; reserve plant and Govern16 ment and contractor-owned equipment layaway;

17 $5,664,216,000, to remain available for obligation until

18 September 30, 1996.

19 WEAPONS PROCUREMENT, NAVY

20 For construction, procurement, production, modifica21 tion, and modernization of missiles, torpedoes, other weap22 ons, other ordnance and ammunition, and related support

23 equipment including spare parts, and accessories therefor;

24 expansion of public and private plants, including the land

25 necessary therefor, and such lands and interests therein,
27

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1 may be acquired, and construction prosecuted thereon

2 prior to approval of title; and procurement and installation

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

4 private plants; reserve plant and Government and contrac5 tor-owned equipment layaway; $2,808,986,000, to remain

6 available for obligation until September 30, 1996: Pro7 vided, That of the funds appropriated in this paragraph,

8 $44,162,000 shall not be obligated or expended until au9 thorized by law.

10 SHIPBUILDING AND CONVERSION, NAVY

11 For expenses necessary for the construction, acquisi12 tion, or conversion of vessels as authorized by law, includ13 ing armor and armament thereof, plant equipment, appli14 ances, and machine tools and installation thereof in public

15 and private plants; reserve plant and Government and con16 tractor-owned equipment layaway; procurement of critical,

17 long leadtime components and designs for vessels to be

18 constructed or converted in the future; and expansion of

19 public and private plants, including land necessary there20 for, and such lands and interests therein, may be acquired,

21 and construction prosecuted thereon prior to approval of

22 title, as follows:

23 Carrier replacement program, $1,000,000,000:

24 Provided, That these funds shall not be available for

25 obligation or expenditure until September 30, 1994;
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1 Refueling overhauls, $31,127,000;

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

3 LHD–1 amphibious assault ship program,

4 $893,848,000;

5 Mine warfare command and control ship,

6 $124,175,000;

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

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

9 2304(c)(5), the last vessel of the T–AGS 60 oceano10 graphic research ship program may be procured as

11 an option to the contract for the construction of the

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

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

14 may be obligated for T–AGS multibeam sonar sys15 tems prior to review by the Committees on Appro16 priations of a Navy plan detailing compliance with

17 the recommendations of the Comptroller General of

18 the United States set forth in his decision of August

19 19, 1993 (Case B–253129);

20 For craft, outfitting, post delivery, production

21 design support, first destination transportation, and

22 cost growth, $595,131,000;

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

24 until September 30, 1998: Provided, That additional obli25 gations may be incurred after September 30, 1998, for
29

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1 engineering services, tests, evaluations, and other such

2 budgeted work that must be performed in the final stage

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

4 funds herein provided for the construction or conversion

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

6 United States shall be expended in foreign facilities for

7 the construction of major components of such vessel: Pro8 vided further, That none of the funds herein provided shall

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

10 shipyards: Provided further, That of the funds appro11 priated in this paragraph, $1,236,914,000 shall not be ob12 ligated or expended until authorized by law.

13 OTHER PROCUREMENT, NAVY

14 For procurement, production, and modernization of

15 support equipment and materials not otherwise provided

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

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

18 of not to exceed 609 passenger motor vehicles for replace19 ment only; expansion of public and private plants, includ20 ing the land necessary therefor, and such lands and inter21 ests therein, may be acquired, and construction prosecuted

22 thereon prior to approval of title; and procurement and

23 installation of equipment, appliances, and machine tools

24 in public and private plants; reserve plant and Govern25 ment and contractor-owned equipment layaway;
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1 $2,980,815,000, to remain available for obligation until

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

3 provided for the Computer Acquisition Productivity Pro4 gram, not less than $20,000,000 shall be available, obli5 gated, and expended only for automatic data processing

6 investment equipment and peripheral equipment and relat7 ed software for Defense Accounting Office and Naval

8 Computer and Telecommunications Station, New Orleans,

9 the Enlisted Personnel Management Center, and the

10 Naval Reserve Personnel Center: Provided further, That

11 all Naval and Marine Corps active and reserve personnel

12 central design activities and personnel accounting pro13 grams shall be managed and coordinated at the Enlisted

14 Personnel Management Center and the Naval Reserve

15 Personnel Center: Provided further, That the Secretary of

16 Defense shall provide a report on establishing a full service

17 finance and accounting operation for joint reserve func18 tions at the Defense Accounting Office, New Orleans and

19 the Naval Reserve Forces Command: Provided further,

20 That the operations and functions of the Reserve Finan21 cial Management System shall remain colocated with the

22 Commander, Naval Reserve Force: Provided further, That

23 of the funds appropriated in this paragraph,

24 $119,335,000 shall not be obligated or expended until au25 thorized by law.
31

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1 PROCUREMENT, MARINE CORPS

2 For expenses necessary for the procurement, manu3 facture, and modification of missiles, armament, ammuni4 tion, military equipment, spare parts, and accessories

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

6 and installation thereof in public and private plants; re7 serve plant and Government and contractor-owned equip8 ment layaway; vehicles for the Marine Corps, including the

9 purchase of not to exceed 96 passenger motor vehicles for

10 replacement only; and expansion of public and private

11 plants, including land necessary therefor, and such lands

12 and interests therein, may be acquired and construction

13 prosecuted thereon prior to approval of title;

14 $527,754,000, to remain available for obligation until Sep15 tember 30, 1996: Provided, That of the funds appro16 priated in this paragraph, $56,733,000 shall not be obli17 gated or expended until authorized by law.

18 AIRCRAFT PROCUREMENT, AIR FORCE

19 For construction, procurement, and modification of

20 aircraft and equipment, including armor and armament,

21 specialized ground handling equipment, and training de22 vices, spare parts, and accessories therefor; specialized

23 equipment; expansion of public and private plants, Gov24 ernment-owned equipment and installation thereof in such

25 plants, erection of structures, and acquisition of land, for
32

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1 the foregoing purposes, and such lands and interests

2 therein, may be acquired, and construction prosecuted

3 thereon prior to approval of title; reserve plant and Gov4 ernment and contractor-owned equipment layaway; and

5 other expenses necessary for the foregoing purposes in6 cluding rents and transportation of things;

7 $6,887,201,000, to remain available for obligation until

8 September 30, 1996: Provided, That of the funds appro9 priated in this paragraph, not less than $20,000,000 shall

10 be available only for the C–130J aircraft.

11 MISSILE PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of

13 missiles, spacecraft, rockets, and related equipment, in14 cluding spare parts and accessories therefor, ground han15 dling equipment, and training devices; expansion of public

16 and private plants, Government-owned equipment and in17 stallation thereof in such plants, erection of structures,

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

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

20 construction prosecuted thereon prior to approval of title;

21 reserve plant and Government and contractor-owned

22 equipment layaway; and other expenses necessary for the

23 foregoing purposes including rents and transportation of

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

25 until September 30, 1996: Provided, That of the funds
33

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

2 obligated or expended until authorized by law.

3 OTHER PROCUREMENT, AIR FORCE

4 For procurement and modification of equipment (in5 cluding ground guidance and electronic control equipment,

6 and ground electronic and communication equipment),

7 and supplies, materials, and spare parts therefor, not oth8 erwise provided for; the purchase of not to exceed 2 vehi9 cles required for physical security of personnel, notwith10 standing price limitations applicable to passenger vehicles

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

12 not to exceed 710 passenger motor vehicles of which 695

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

14 private plants, Government-owned equipment and installa15 tion thereof in such plants, erection of structures, and ac16 quisition of land, for the foregoing purposes, and such

17 lands and interests therein, may be acquired, and con18 struction prosecuted thereon, prior to approval of title; re19 serve plant and Government and contractor-owned equip20 ment layaway; $7,336,918,000, to remain available for ob21 ligation until September 30, 1996.

22 NATIONAL GUARD AND RESERVE EQUIPMENT

23 For procurement of aircraft, missiles, tracked combat

24 vehicles, ammunition, other weapons, and other procure25 ment for the reserve components of the Armed Forces;
34

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

2 September 30, 1996: Provided, That of the funds appro3 priated in this paragraph, $184,825,000 shall not be obli4 gated or expended until authorized by law.

5 PROCUREMENT, DEFENSE-WIDE

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

8 necessary for procurement, production, and modification

9 of equipment, supplies, materials, and spare parts there10 for, not otherwise provided for; the purchase of not to ex11 ceed 1 vehicle required for physical security of personnel,

12 notwithstanding price limitations applicable to passenger

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

14 purchase of not to exceed 438 passenger motor vehicles,

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

16 public and private plants, equipment, and installation

17 thereof in such plants, erection of structures, and acquisi18 tion of land for the foregoing purposes, and such lands

19 and interests therein, may be acquired, and construction

20 prosecuted thereon prior to approval of title; reserve plant

21 and Government and contractor-owned equipment lay22 away; $1,557,344,000, to remain available for obligation

23 until September 30, 1996: Provided, That the funds avail24 able under this heading for the High Performance Com25 puter Modernization plan may be used only for: (1) the
35

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1 execution of existing contract upgrade options of installed

2 stable supercomputer facilities that have not kept tech3 nically current; or (2) the acquisition in open, competitive

4 procurements of architecturally stable, fully user-oper5 ational, compatible supercomputers possessing essentially

6 stable system software, which have been successfully dem7 onstrated using statistically valid samples of the current

8 workload of the laboratories in question without sub9 stantive reprogramming or program conversion.

10 DEFENSE PRODUCTION ACT PURCHASES

11 For activities by the Department of Defense pursuant

12 to sections 108, 301, 302, and 303 of the Defense Produc13 tion Act of 1950, as amended (50 U.S.C. App. 2061);

14 $200,000,000, to remain available until expended: Pro15 vided, That none of these funds shall be obligated for any

16 project unless a Presidential determination has been made

17 in accordance with the Defense Production Act: Provided

18 further, That the Department of Defense shall notify the

19 Committees on Appropriations of the House of Represent20 atives and the Senate sixty days prior to the release of

21 funds for any project not previously approved by Congress.
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1 TITLE IV

2 RESEARCH, DEVELOPMENT, TEST AND

3 EVALUATION

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

5 ARMY

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

10 $5,560,082,000, to remain available for obligation until

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

12 made available only for the Center for Prostate Disease

13 Research at the Walter Reed Army Institute of Research:

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

15 only for the Center of Excellence in Breast Cancer Re16 search and Training at the National Naval Medical Cen17 ter, in Bethesda, Maryland: Provided further, That not less

18 than $1,000,000 of the funds appropriated in this para19 graph shall be made available only to a joint research part20 nership involving an educational institution, not now en21 gaged in a large volume of basic research, and a bio22 medical research institute, including a working arrange23 ment with Canadian and German scientists, for the devel24 opment and testing of a new insulin derivative for the

25 treatment of diabetes and hypoglycemia in the dependents
37

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1 of active duty military members: Provided further, That

2 of the funds appropriated in this paragraph,

3 $142,941,000 shall not be obligated or expended until au4 thorized by law.

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

6 NAVY

7 For expenses necessary for basic and applied sci8 entific research, development, test and evaluation, includ9 ing maintenance, rehabilitation, lease, and operation of

10 facilities and equipment, as authorized by law;

11 $8,604,777,000, to remain available for obligation until

12 September 30, 1995: Provided, That for continued re13 search and development programs at the National Center

14 for Physical Acoustics, centering on ocean acoustics as it

15 applies to advanced antisubmarine warfare acoustics

16 issues with focus on ocean bottom acoustics, seismic cou17 pling, sea-surface and bottom scattering, oceanic ambient

18 noise, underwater sound propagation, bubble related ambi19 ent noise, acoustically active surfaces, machinery noise,

20 propagation physics, solid state acoustics,

21 electrorheological fluids, transducer development, ultra22 sonic sensors, and other such projects as may be agreed

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

24 the Mississippi Resource Development Corporation, of

25 which not to exceed $250,000 of such sum may be used
38

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1 to provide such special equipment as may be required for

2 particular projects: Provided further, That none of the

3 funds appropriated in this paragraph may be obligated or

4 expended to develop or purchase equipment for an Aegis

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

6 whose initial operating capability is budgeted to be

7 achieved prior to the initial operating capability of the

8 Ship Self-Defense program, nor to develop sensor, proc9 essor, or display capabilities which duplicate in any way

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

11 Provided further, That funds appropriated in this para12 graph for Aegis Combat System Engineering tactical dis13 play simplification may be obligated only to develop equip14 ment on an interim basis which is planned to be installed

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

16 unit of the Advanced Display System is planned to be ac17 cepted by the Government: Provided further, That funds

18 appropriated in this paragraph for Aegis Combat System

19 Engineering tactical display simplification may not be obli20 gated on contracts which include production options for

21 ship installations planned beyond the date that the first

22 production unit of the Advanced Display System is

23 planned to be accepted by the Government: Provided fur24 ther, That funds appropriated in this paragraph for devel25 opment of E–2C aircraft upgrades may not be obligated
39

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1 until the Under Secretary of Defense for Acquisition sub2 mits a plan to the Committees on Appropriations and

3 Armed Services of each House of Congress for develop4 ment and deployment of a fully participating cooperative

5 engagement capability on E–2 aircraft to be fielded con6 current with and no later than major computer upgrades

7 for the aircraft: Provided further, That funds appropriated

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

9 not be obligated unless the baseline design of the ship in10 cludes cooperative engagement capability and sufficient

11 own-ship self-defense capability against advanced sea12 skimming antiship cruise missiles in the baseline design

13 to achieve an estimated probability of survival from attack

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

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

16 appropriated in this paragraph for the Naval Research

17 Laboratory may not be obligated unless the Navy’s Manu18 facturing Technology Program Office has responsibilities

19 and position equivalent to the Science and Technology Di20 rectorates at the Office of Naval Research and is fully

21 staffed to meet those responsibilities.

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

23 AIR FORCE

24 For expenses necessary for basic and applied sci25 entific research, development, test and evaluation, includ-
40

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1 ing maintenance, rehabilitation, lease, and operation of fa2 cilities and equipment, as authorized by law;

3 $12,608,995,000, to remain available for obligation until

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

5 $21,000,000 of the funds appropriated in this paragraph

6 shall be made available only for the Joint Seismic Pro7 gram and Global Seismic Network administered by the In8 corporated Research Institutions for Seismology: Provided

9 further, That not less than $60,000,000 of the funds ap10 propriated in this paragraph shall be made available only

11 for the National Center for Manufacturing Sciences

12 (NCMS).

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

14 DEFENSE-WIDE

15 For expenses of activities and agencies of the Depart16 ment of Defense (other than the military departments),

17 necessary for basic and applied scientific research, devel18 opment, test and evaluation; advanced research projects

19 as may be designated and determined by the Secretary

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

21 lease, and operation of facilities and equipment, as author22 ized by law; $9,526,918,000, to remain available for obli23 gation until September 30, 1995: Provided, That not less

24 than $97,000,000 of the funds appropriated in this para25 graph are available only for the Extended Range Intercep-
41

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1 tor (ERINT) missile: Provided further, That the Ballistic

2 Missile Defense Organization (BMDO) shall continue its

3 current strategy of flight testing, ground testing, simula4 tions, and other Government analyses of the Patriot

5 Multimode Missile and the Extended Range Interceptor

6 for selection of the best technology in terms of cost, sched7 ule, risk, and performance to meet PAC–3 missile require8 ments for theater missile defense and that the Director,

9 BMDO, will determine when there is adequate information

10 to proceed to selection for engineering and manufacturing

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

12 this paragraph may be used to operate more than one ex13 ternal affairs office in the Washington, D.C. area for bal14 listic missile defense programs: Provided further, That not

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

16 paragraph shall be made available as a grant awarded

17 through competitive procedures to a State supported his18 torically black college or university with a demonstrated

19 expertise in physics and materials science, a doubled en20 rollment over the past seven years, and a leading enroll21 ment of National Achievement Scholars over the last sev22 eral years, for construction to expand facilities for basic

23 sciences and engineering associated with research, devel24 opment, and other programs of major importance to the

25 Department of Defense: Provided further, That not less
42

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1 than 25 percent of the funds appropriated in this para2 graph for the High Performance Computing initiative may

3 be obligated only for research designed to develop im4 proved performance from high performance computing

5 systems and technology utilizing parallel vector processing

6 architecture: Provided further, That not less than

7 $20,000,000 of the funds appropriated in this paragraph

8 shall be available only for an Experimental Program to

9 Stimulate Competitive Research (EPSCOR) in the De10 partment of Defense which shall include all States eligible

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

12 Science Foundation Experimental Program to Stimulate

13 Competitive Research: Provided further, That none of the

14 funds appropriated in this paragraph for research, devel15 opment, demonstration, or commercialization of electric

16 vehicles and the related infrastructure; fuel cell research;

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

18 conducted by the Secretary of Energy under statutes ad19 ministered by such Secretary shall be obligated by the Sec20 retary of Defense except in accordance with the applicable

21 provisions of the Energy Policy Act of 1992 and other rel22 evant statutes and pursuant to an agreement, made avail23 able to the applicable legislative and appropriation Com24 mittees of Congress, between the Secretary of Defense and

25 the Secretary of Energy that provides for coordination of
43

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1 all such activities with the relevant programs at the De2 partment of Energy administered under such Acts: Pro3 vided further, That of the funds appropriated under this

4 heading, not less than $52,000,000 shall be made avail5 able only for the Computer-aided Acquisition and Logis6 tics Support (CALS) Shared Resource Center (CSRC)

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

8 be made available only for the continued operation of the

9 original CSRC by the current nonprofit institution or its

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

11 CALS standards and technologies development, deploy12 ment, training, and education hub for the CSRC program;

13 the continued operation of the CSRC Regional Satellite

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

15 additional CRSs to be operated by educational or other

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

17 made available only for the continued operation of the six

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

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

20 of the Department’s CSRC Program Management Office

21 unless such office is located within the Office of the Sec22 retary of Defense: Provided further, That nothing shall

23 prohibit use of the CSRC or CRSs by industry, associa24 tions, other Department of Defense services and agencies,

25 and other government agencies for efforts to be separately
44

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

2 shall be made available only for cell adhesion molecule re3 search.

4 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

5 For expenses, not otherwise provided for, of inde6 pendent activities of the Director, Test and Evaluation in

7 the direction and supervision of developmental test and

8 evaluation, including performance and joint developmental

9 testing and evaluation; and administrative expenses in

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

11 for obligation until September 30, 1995.

12 OPERATIONAL TEST AND EVALUATION, DEFENSE

13 For expenses, not otherwise provided for, necessary

14 for the independent activities of the Director, Operational

15 Test and Evaluation in the direction and supervision of

16 operational test and evaluation, including initial oper17 ational test and evaluation which is conducted prior to,

18 and in support of, production decisions; joint operational

19 testing and evaluation; and administrative expenses in

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

21 obligation until September 30, 1995.
45

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1 TITLE V

2 REVOLVING AND MANAGEMENT FUNDS

3 DEFENSE BUSINESS OPERATIONS FUND

4 For the Defense Business Operations Fund;

5 $1,091,100,000: Provided, That none of the funds avail6 able in the Defense Business Operations Fund shall be

7 used for any hardware procurement, new development, or

8 expansion of the Defense Business Management System;

9 except that funds may be used to continue minimal main10 tenance efforts of the Defense Business Management Sys11 tem for the Defense Logistics Agency to continue daily

12 operations.

13 NATIONAL DEFENSE SEALIFT FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For National Defense Sealift Fund programs,

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

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

18 be available for transfer to the Secretary of Transpor19 tation for costs (as defined in section 502 of the Federal

20 Credit Reform Act of 1990) of loan guarantee commit21 ments under title XII of the Merchant Marine Act, 1936,

22 as amended by H.R. 2401, the National Defense Author23 ization Act for Fiscal Year 1994: Provided further, That

24 any facilities financed by the foregoing loan guarantee

25 commitments must make use of new technologies and
46

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1 processes which have been demonstrated by Department

2 of Defense organizations prior to construction of facilities:

3 Provided further, That all loan guarantees or loan guaran4 tee commitments made by the Secretary of Transportation

5 shall occur only after consultation with the Secretary of

6 Defense: Provided further, That notwithstanding any other

7 provision of law, the Secretary of Transportation shall give

8 priority to providing loan guarantees to businesses located

9 in enterprise zones and investing private funds in develop10 ing integrated design and manufacturing facilities tech11 nologies: Provided further, That notwithstanding any other

12 provision of law, all loan guarantees or loan guarantee

13 commitments for ship construction shall be made without

14 regard to gross ton weight.

15 TITLE VI

16 OTHER DEPARTMENT OF DEFENSE PROGRAMS

17 DEFENSE HEALTH PROGRAM

18 For expenses, not otherwise provided for, for medical

19 and health care programs of the Department of Defense,

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

21 $9,368,185,000 shall be for Operation and maintenance,

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

23 until September 30, 1996, shall be for Procurement: Pro24 vided, That the Department shall competitively contract

25 during fiscal year 1994 for mail service pharmacy for at
47

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

2 solicitations for Florida, South Carolina, Georgia, Dela3 ware, New Jersey, Pennsylvania, and Hawaii, as well as

4 each base closure area not supported by an at-risk man5 aged care plan; that such services shall be procured inde6 pendent of any other Department managed care contracts;

7 that one multi-state region shall include the State of Ken8 tucky: Provided further, That of the funds appropriated

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

10 continuation of the cooperative program model being es11 tablished at Madigan Medical Center for severely behavior

12 disordered students: Provided further, That of the funds

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

14 obligated or expended until authorized by law.

15 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

16 DEFENSE

17 For expenses, not otherwise provided for, necessary

18 for the destruction of the United States stockpile of lethal

19 chemical agents and munitions in accordance with the pro20 visions of section 1412 of the Department of Defense Au21 thorization Act, 1986, (50 U.S.C. 1521) and for the de22 struction of other chemical warfare materials that are not

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

24 $292,061,000 shall be for Operation and maintenance,

25 $74,800,000, to remain available until September 30,
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1 1996, shall be for Procurement, and $30,700,000, to re2 main available until September 30, 1995, shall be for Re3 search, development, test and evaluation: Provided, That

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

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

6 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

7 DEFENSE

8 (INCLUDING TRANSFER OF FUNDS)

9 For drug interdiction and counter-drug activities of

10 the Department of Defense, for transfer to appropriations

11 available to the Department of Defense for military per12 sonnel of the reserve components serving under the provi13 sions of title 10 and title 32, United States Code; for Op14 eration and maintenance; for Procurement; and for Re15 search, development, test and evaluation; $757,785,000:

16 Provided, That the funds appropriated by this paragraph

17 shall be available for obligation for the same time period

18 and for the same purpose as the appropriation to which

19 transferred: Provided further, That the transfer authority

20 provided in this paragraph is in addition to any transfer

21 authority contained elsewhere in this Act: Provided fur22 ther, That of the funds appropriated in this paragraph,

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

24 Gulf States Counter-Narcotics Initiative.
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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses and activities of the Office of the

3 Inspector General in carrying out the provisions of the

4 Inspector General Act of 1978, as amended;

5 $169,801,000, of which $169,001,000 shall be for Oper6 ation and maintenance, of which not to exceed $400,000

7 is available for emergencies and extraordinary expenses to

8 be expended on the approval or authority of the Inspector

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

10 necessity for confidential military purposes; and of which

11 $800,000, to remain available until September 30, 1996,

12 shall be for Procurement.

13 TITLE VII

14 RELATED AGENCIES

15 NATIONAL FOREIGN INTELLIGENCE PROGRAM

16 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

17 DISABILITY SYSTEM FUND

18 For payment to the Central Intelligence Agency Re19 tirement and Disability System Fund, to maintain proper

20 funding level for continuing the operation of the Central

21 Intelligence Agency Retirement and Disability System;

22 $182,300,000.
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1 NATIONAL SECURITY EDUCATION TRUST FUND

2 (RESCISSION)

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

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

6 $10,000,000 is hereby rescinded.

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

8 for the National Security Education Trust Fund,

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

10 hereby rescinded.

11 COMMUNITY MANAGEMENT STAFF

12 For necessary expenses of the Community Manage13 ment Staff; $114,688,000.

14 TITLE VIII

15 GENERAL PROVISIONS

16 SEC. 8001. No part of any appropriation contained

17 in this Act shall be used for publicity or propaganda pur18 poses not authorized by the Congress.

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

20 of law prohibiting the payment of compensation to, or em21 ployment of, any person not a citizen of the United States

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

23 Provided, That salary increases granted to direct and indi24 rect hire foreign national employees of the Department of

25 Defense funded by this Act shall not be at a rate in excess
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1 of the percentage increase authorized by law for civilian

2 employees of the Department of Defense whose pay is

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

4 United States Code, or at a rate in excess of the percent5 age increase provided by the appropriate host nation to

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

7 That this section shall not apply to Department of De8 fense foreign service national employees serving at United

9 States diplomatic missions whose pay is set by the Depart10 ment of State under the Foreign Service Act of 1980.

11 SEC. 8003. No part of any appropriation contained

12 in this Act shall remain available for obligation beyond

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

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

16 during the current fiscal year shall be obligated during

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

18 section shall not apply to obligations for support of active

19 duty training of reserve components or summer camp

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

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

22 SEC. 8005. Section 9005 of the Department of De23 fense Appropriations Act, 1993 (Public Law 102–396) is

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

2 of Defense’’ in lieu thereof.

3 (TRANSFER OF FUNDS)

4 SEC. 8006. Upon determination by the Secretary of

5 Defense that such action is necessary in the national inter6 est, he may, with the approval of the Office of Manage7 ment and Budget, transfer not to exceed $2,000,000,000

8 of working capital funds of the Department of Defense

9 or funds made available in this Act to the Department

10 of Defense for military functions (except military con11 struction) between such appropriations or funds or any

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

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

14 the appropriation or fund to which transferred: Provided,

15 That such authority to transfer may not be used unless

16 for higher priority items, based on unforeseen military re17 quirements, than those for which originally appropriated

18 and in no case where the item for which funds are re19 quested has been denied by Congress: Provided further,

20 That the Secretary of Defense shall notify the Congress

21 promptly of all transfers made pursuant to this authority

22 or any other authority in this Act.

23 (TRANSFER OF FUNDS)

24 SEC. 8007. During the current fiscal year, cash bal25 ances in working capital funds of the Department of De26 fense established pursuant to section 2208 of title 10,
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1 United States Code, may be maintained in only such

2 amounts as are necessary at any time for cash disburse3 ments to be made from such funds: Provided, That trans4 fers may be made between such funds and the ‘‘Foreign

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

6 Maintenance’’ appropriation accounts in such amounts as

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

8 approval of the Office of Management and Budget, except

9 that such transfers may not be made unless the Secretary

10 of Defense has notified the Congress of the proposed

11 transfer. Except in amounts equal to the amounts appro12 priated to working capital funds in this Act, no obligations

13 may be made against a working capital fund to procure

14 or increase the value of war reserve material inventory,

15 unless the Secretary of Defense has notified the Congress

16 prior to any such obligation.

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

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

19 determination under section 2690 of title 10, United

20 States Code, may implement cost-effective agreements for

21 required heating facility modernization in the

22 Kaiserslautern Military Community in the Federal Repub23 lic of Germany: Provided, That in the City of

24 Kaiserslautern such agreements will include the use of

25 United States anthracite as the base load energy for mu-
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1 nicipal district heat to the United States Defense installa2 tions: Provided further, That at Landstuhl Army Regional

3 Medical Center and Ramstein Air Base, furnished heat

4 may be obtained from private, regional or municipal serv5 ices, if provisions are included for the consideration of

6 United States coal as an energy source.

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

8 be used to initiate a special access program without prior

9 notification 30 calendar days in session in advance to the

10 Committees on Appropriations and Armed Services of the

11 Senate and House of Representatives.

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

13 available for the Civilian Health and Medical Program of

14 the Uniformed Services shall be available for payments to

15 physicians and other authorized individual health care pro16 viders in excess of the amounts allowed in fiscal year 1993

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

18 the Secretary of Defense determines an increase is justi19 fied by economic circumstances, the allowable amounts

20 may be increased in accordance with appropriate economic

21 index data similar to that used pursuant to title XVIII

22 of the Social Security Act; and (b) for services the Sec23 retary determines are overpriced based on allowable pay24 ments under title XVIII of the Social Security Act, the

25 allowable amounts shall be reduced by not more than 15
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1 percent (except that the reduction may be waived if the

2 Secretary determines that it would impair adequate access

3 to health care services for beneficiaries). The Secretary

4 shall solicit public comment prior to promulgating regula5 tions to implement this section. Such regulations shall in6 clude a limitation, similar to that used under title XVIII

7 of the Social Security Act, on the extent to which a pro8 vider may bill a beneficiary an actual charge in excess of

9 the allowable amount.

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

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

12 employs economic order quantity procurement in excess of

13 $20,000,000 in any one year of the contract or that in14 cludes an unfunded contingent liability in excess of

15 $20,000,000, or (2) a contract for advance procurement

16 leading to a multiyear contract that employs economic

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

18 any one year, unless the Committees on Appropriations

19 and Armed Services of the Senate and House of Rep20 resentatives have been notified at least thirty days in ad21 vance of the proposed contract award: Provided, That no

22 part of any appropriation contained in this Act shall be

23 available to initiate a multiyear contract for which the eco24 nomic order quantity advance procurement is not funded

25 at least to the limits of the Government’s liability: Pro-
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1 vided further, That no part of any appropriation contained

2 in this Act shall be available to initiate multiyear procure3 ment contracts for any systems or component thereof if

4 the value of the multiyear contract would exceed

5 $500,000,000 unless specifically provided in this Act: Pro6 vided further, That no multiyear procurement contract can

7 be terminated without 10-day prior notification to the

8 Committees on Appropriations and Armed Services of the

9 House of Representatives and the Senate: Provided fur10 ther, That the execution of multiyear authority shall re11 quire the use of a present value analysis to determine low12 est cost compared to an annual procurement.

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

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

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

16 Guard, and Air National Guard occupied by, or pro17 grammed to be occupied by, a (civilian) military technician

18 to a position to be held by a person in an active duty sta19 tus or active Guard or Reserve status if that conversion

20 would reduce the total number of positions occupied by,

21 or programmed to be occupied by, (civilian) military tech22 nicians of the component concerned, below 69,061: Pro23 vided, That none of the funds appropriated by this Act

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

25 in support of the Army Reserve, Army National Guard,
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1 or Air National Guard occupied by, or programmed to be

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

3 Provided further, That none of the funds appropriated by

4 this Act may be used to include (civilian) military techni5 cians in computing civilian personnel ceilings, including

6 statutory or administratively imposed ceilings, on activi7 ties in support of the Army Reserve, Air Force Reserve,

8 Army National Guard, or Air National Guard.

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

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

11 administratively imposed freeze on civilian positions.

12 SEC. 8013. Notwithstanding any other provision of

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

14 and local governments for the purposes of disposition of

15 real property recommended for closure in the report of the

16 Defense Secretary’s Commission on Base Realignments

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

18 from the Defense Base Closure and Realignment Commis19 sion, July 1991, and Public Law 100–526.

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

21 of title 10, United States Code, shall not apply with re22 spect to fiscal year 1994 or with respect to the appropria23 tion of funds for that year.

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

25 the Department of Defense may not be managed on the
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1 basis of any end-strength, and the management of such

2 personnel during that fiscal year shall not be subject to

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

4 on the number of such personnel who may be employed

5 on the last day of such fiscal year.

6 (c) The fiscal year 1995 budget request for the De7 partment of Defense as well as all justification material

8 and other documentation supporting the fiscal year 1995

9 Department of Defense budget request shall be prepared

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

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

12 year 1995.

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

14 Act shall be used in any way, directly or indirectly, to in15 fluence congressional action on any legislation or appro16 priation matters pending before the Congress.

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

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

19 is initially employed after the date of enactment of this

20 Act as a technician in the administration and training of

21 the Army Reserve and the maintenance and repair of sup22 plies issued to the Army Reserve unless such individual

23 is also a military member of the Army Reserve troop pro24 gram unit that he or she is employed to support. Those

25 technicians employed by the Army Reserve in areas other
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1 than Army Reserve troop program units need only be

2 members of the Selected Reserve.

3 SEC. 8017. None of the funds available to the De4 partment of Defense may be used for the floating storage

5 of petroleum or petroleum products except in vessels of

6 or belonging to the United States.

7 SEC. 8018. Notwithstanding any other provision of

8 law, the Secretaries of the Army and Air Force may au9 thorize the retention in an active status until age sixty

10 of any officer who would otherwise be removed from an

11 active status and who is employed as a National Guard

12 or Reserve technician in a position in which active status

13 in a reserve component of the Army or Air Force is re14 quired as a condition of that employment.

15 SEC. 8019. Notwithstanding any other provision of

16 law, proceeds from the investment of the Fisher House

17 Investment Trust Fund will be used to support the oper18 ation and maintenance of Fisher Houses associated with

19 Army medical treatment facilities.

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

21 this Act shall be used to make contributions to the Depart22 ment of Defense Education Benefits Fund pursuant to

23 section 2006(g) of title 10, United States Code, represent24 ing the normal cost for future benefits under section

25 1415(c) of title 38, United States Code, for any member
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1 of the armed services who, on or after the date of enact2 ment of this Act—

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

4 active duty of less than three years; or

5 (2) receives an enlistment bonus under section

6 308a or 308f of title 37, United States Code,

7 nor shall any amounts representing the normal cost of

8 such future benefits be transferred from the Fund by the

9 Secretary of the Treasury to the Secretary of Veterans

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

11 States Code; nor shall the Secretary of Veterans Affairs

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

13 in the case of a member covered by clause (1), these limi14 tations shall not apply to members in combat arms skills

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

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

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

18 the cost-effective use of special recruiting incentives in19 volving not more than nineteen noncombat arms skills ap20 proved in advance by the Secretary of Defense: Provided

21 further, That this subsection applies only to active compo22 nents of the Army.

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

24 be available for the basic pay and allowances of any mem25 ber of the Army participating as a full-time student and
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1 receiving benefits paid by the Secretary of Veterans Af2 fairs from the Department of Defense Education Benefits

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

4 toward completion of a service commitment: Provided,

5 That this subsection shall not apply to those members who

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

7 Provided further, That this subsection applies only to ac8 tive components of the Army.

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

10 available for the payment of not more than 75 percent

11 of the charges of a postsecondary educational institution

12 for the tuition or expenses of an officer in the Ready Re13 serve of the Army National Guard or Army Reserve for

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

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

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

17 least four years after completion of such training or edu18 cation.

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

20 Act shall be available to convert to contractor performance

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

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

23 by more than ten Department of Defense civilian employ24 ees until a most efficient and cost-effective organization

25 analysis is completed on such activity or function and cer-
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1 tification of the analysis is made to the Committees on

2 Appropriations of the House of Representatives and the

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

4 commercial or industrial type function of the Department

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

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

7 1938 (41 U.S.C. 47), popularly referred to as the Javits8 Wagner-O’Day Act; (2) is planned to be converted to per9 formance by a qualified nonprofit agency for the blind or

10 by a qualified nonprofit agency for other severely handi11 capped individuals in accordance with that Act; or (3) is

12 planned to be converted to performance by a qualified firm

13 under 51 percent Native American ownership.

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

15 available by this Act may be obligated for acquisition of

16 major automated information systems which have not suc17 cessfully completed oversight reviews required by Defense

18 Department regulations: Provided, That the automated in19 formation systems oversight review board will be inde20 pendent of any other Department review function and

21 chaired by the Assistant Secretary of Defense (Command,

22 Control, Communications and Intelligence): Provided fur23 ther, That except for those programs to modernize and de24 velop migration and standard automated information sys25 tems that have been certified by the Department’s senior
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1 information resource management (IRM) official as being

2 fully compliant with the Department’s information man3 agement initiative as defined in Defense Department Di4 rective 8000.1, no funds may be expended for moderniza5 tion or development of any automated information system

6 (AIS) by the military departments, services, defense agen7 cies, Joint Staff or Military Commands in excess of

8 $1,000,000 unless the senior official of the Office of the

9 Secretary of Defense with primary responsibility for the

10 functions being supported or to be supported certifies to

11 the Assistant Secretary of Defense for Command, Control,

12 Communications and Intelligence that the functional

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

14 or development has no unnecessary duplication of other

15 available or planned AISs: Provided further, That the De16 partment shall develop the capability for open systems in17 tegration of commercial-off-the-shelf (COTS) applications

18 within the Composite Health Care System (CHCS): Pro19 vided further, That the Department shall limit deployment

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

21 and processing centers, and shall procure, install, and in22 tegrate by April 1, 1994, at two or more CHCS sites an

23 open system compliant COTS hospital-based blood bank/

24 transfusion application, with security access by application

25 function and developed in the same application language
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1 as CHCS: Provided further, That the Department shall

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

3 April 1, 1994, an open system integrated anatomic pathol4 ogy COTS application with security access by application

5 function and developed with the same software application

6 language as CHCS: Provided further, That notwithstand7 ing any other provision of law, the one time investment

8 cost, including the procurement or lease of new or

9 reutilized automatic data processing investment equip10 ment, peripheral equipment and related software, for the

11 July 16, 1993 DOD Data Center Consolidation Plan shall

12 not exceed $309,000,000.

13 SEC. 8024. Notwithstanding any other provision of

14 law, the Secretary of the Navy may use funds appro15 priated to charter ships to be used as auxiliary mine16 sweepers providing that the owner agrees that these ships

17 may be activated as Navy Reserve ships with Navy Re18 serve crews used in training exercises conducted in accord19 ance with law and policies governing Naval Reserve forces:

20 Provided, That none of the funds appropriated or made

21 available in this Act may be used to inactivate, disestab22 lish, or discontinue the Navy’s Craft of Opportunity Pro23 gram.

24 SEC. 8025. Notwithstanding any other provision of

25 law, the Department shall competitively award contracts
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1 in fiscal year 1994 for at least four new region-wide, at2 risk, fixed price managed care support contracts consist3 ent with the following requirements: (1) each contract or

4 acquisition shall reflect the major features of the

5 CHAMPUS Reform Initiative and include provision for

6 the commanders of major military medical centers to par7 ticipate as the regional lead agents; (2) each such contract

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

9 similar contract or acquisition shall cover the State of

10 Florida (which may include Department of Veterans Af11 fairs’ medical facilities with the concurrence of the Sec12 retary of Veterans Affairs); (4) one similar contract shall

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

14 other such contract or acquisition shall include at least

15 one complete State; (6) the managed care support con16 tracts for California and Hawaii, Florida, Washington and

17 Oregon shall not be counted for purposes of the required

18 four new contracts of acquisitions; and (7) the Depart19 ment shall modify a currently operating CHAMPUS serv20 ice contract to include an at-risk managed health care pro21 vision, to provide services not later than 90 days after en22 actment of this Act, in the area of Homestead Air Force

23 Base, to include the Homestead and South Miami Hos24 pitals as institutional providers, with a benefit structure

25 substantially identical to that established in fiscal year
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1 1993 for the Carswell, Bergstrom and England Air Force

2 Bases (including a retail pharmacy network available to

3 Medicare-eligible beneficiaries), said provision to remain

4 effective as an interim measure until implementation of

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

6 this section: Provided further, That none of the funds ap7 propriated, or otherwise made available to the Department

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

9 be used to implement or administer any changes to the

10 operating CHAMPUS Reform Initiative-like contracts un11 less the scope of benefits and program management struc12 ture are consistent with the basic CHAMPUS Reform Ini13 tiative design in operation on January 1, 1993: Provided

14 further, That any law or regulation of a State or local gov15 ernment relating to health insurance, prepaid health

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

17 financing methods shall be preempted and shall not apply

18 to any contract entered into pursuant to chapter 55 of

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

20 requirements for the certification of cost effectiveness, ac21 cess and quality of any managed health care programs will

22 be construed to require that the certification compare on

23 a national basis the program to be certified with the stand24 ard CHAMPUS program as determined by the application

25 of sound actuarial principles: Provided further, That the
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1 Department shall competitively award at least two con2 tracts in fiscal year 1994 for stand-alone, at-risk managed

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

4 consistent with the management and service delivery fea5 tures in operation in the Contracted Provider Arrange6 ment (CPA) Tidewater Demonstration.

7 SEC. 8026. Funds appropriated or made available in

8 this Act shall be obligated and expended to continue to

9 fully utilize the facilities at the United States Army Engi10 neer’s Waterways Experiment Station, including the con11 tinued availability of the supercomputer capability: Pro12 vided, That none of the funds in this Act may be used

13 to purchase any supercomputer which is not manufactured

14 in the United States, unless the Secretary of Defense cer15 tifies to the Armed Services and Appropriations Commit16 tees of Congress that such an acquisition must be made

17 in order to acquire capability for national security pur18 poses that is not available from United States manufactur19 ers.

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

21 and Emergency Deficit Control Act of 1985 (Public Law

22 99–177) as amended by the Balanced Budget and Emer23 gency Deficit Control Reaffirmation Act of 1987 (Public

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

25 1990 (Public Law 101–508), the term program, project,
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1 and activity for appropriations contained in this Act shall

2 be defined as the most specific level of budget items identi3 fied in the Department of Defense Appropriations Act,

4 1994, the accompanying House and Senate Committee re5 ports, the conference report and accompanying joint ex6 planatory statement of the managers of the Committee of

7 Conference, the related classified annexes and reports, and

8 the P–1 and R–1 budget justification documents as subse9 quently modified by Congressional action: Provided, That

10 the following exception to the above definition shall apply:

11 For the Military Personnel and the Operation and

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

13 activity’’ is defined as the appropriations accounts con14 tained in the Department of Defense Appropriations Act:

15 Provided further, That at the time the President submits

16 his budget for fiscal year 1995, the Department of De17 fense shall transmit to the Committees on Appropriations

18 and the Committees on Armed Services of the Senate and

19 the House of Representatives a budget justification docu20 ment to be known as the ‘‘O–1’’ which shall identify, at

21 the budget activity, activity group, and subactivity group

22 level, the amounts requested by the President to be appro23 priated to the Department of Defense for operation and

24 maintenance in any budget request, or amended budget

25 request, for fiscal year 1995.
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1 SEC. 8028. Of the funds appropriated to the Army,

2 $217,600,000 shall be available only for the Reserve Com3 ponent Automation System (RCAS): Provided, That none

4 of these funds can be expended—

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

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

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

10 manager who has not been selected and approved by

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

13 and the Secretary of the Army;

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

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

17 responsibility, reporting channels and organizational

18 structure;

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

20 the RCAS program management office unless such

21 organization is comprised of personnel chosen jointly

22 by the Chiefs of the National Guard Bureau and the

23 Army Reserve;

24 (6) to pay contracted costs for the acquisition

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

2 equipment and unless such contract continues to

3 preclude the use of Government furnished equip4 ment, operating systems, and executive and applica5 tions software; and

6 (7) unless RCAS performs its own classified in7 formation processing: Provided further, That not8 withstanding any other provision of law, none of the

9 funds appropriated shall be available for procure10 ment of computers for the Army Reserve Component

11 which are used to network or expand the capabilities

12 of existing or future information systems or dupli13 cate functions to be provided under the RCAS con14 tract unless the procurement meets the following cri15 teria: (A) only RCAS automated data processing

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

17 numbers and types allocated by the RCAS program

18 to each site; (B) the requesting organizational ele19 ment has no computer for stand-alone office auto20 mation usage; (C) replacement equipment will not

21 exceed the minimum required to maintain the reli22 ability of existing capabilities; (D) replacements will

23 be justified solely on the cost and feasibility of re24 pairs and maintenance of present ADP equipment as

25 compared to the cost of replacement; and (E) the
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1 procurement is recommended by both the Chief of

2 the respective Reserve Component and the Chief of

3 the National Guard Bureau, and approved by the

4 Functional Proponent in the Department of De5 fense.

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

7 available for the purchase by the Department of Defense

8 (and its departments and agencies) of welded shipboard

9 anchor and mooring chain 4 inches in diameter and under

10 unless the anchor and mooring chain are manufactured

11 in the United States from components which are substan12 tially manufactured in the United States: Provided, That

13 for the purpose of this section manufactured will include

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

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

16 Provided further, That for the purpose of this section sub17 stantially all of the components of anchor and mooring

18 chain shall be considered to be produced or manufactured

19 in the United States if the aggregate cost of the compo20 nents produced or manufactured in the United States ex21 ceeds the aggregate cost of the components produced or

22 manufactured outside the United States: Provided further,

23 That when adequate domestic supplies are not available

24 to meet Department of Defense requirements on a timely

25 basis, the Secretary of the service responsible for the pro-
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1 curement may waive this restriction on a case-by-case

2 basis by certifying in writing to the Committees on Appro3 priations that such an acquisition must be made in order

4 to acquire capability for national security purposes.

5 (TRANSFER OF FUNDS)

6 SEC. 8030. Notwithstanding any other provision of

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

8 unobligated balances and funds appropriated in this Act

9 to the operation and maintenance appropriations for the

10 purpose of providing military technician and Department

11 of Defense medical personnel pay and medical programs

12 (including CHAMPUS) the same exemption from seques13 tration set forth in the Balanced Budget and Emergency

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

15 amended by the Balanced Budget and Emergency Deficit

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

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

18 101–508) as that granted the other military personnel ac19 counts: Provided, That any transfer made pursuant to any

20 use of the authority provided by this provision shall be

21 limited so that the amounts reprogrammed to the oper22 ation and maintenance appropriations do not exceed the

23 amounts sequestered under the Balanced Budget and

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

25 177) as amended by the Balanced Budget and Emergency

26 Deficit Control Reaffirmation Act of 1987 (Public Law
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1 100–119) and by the Budget Enforcement Act of 1990

2 (Public Law 101–508): Provided further, That the author3 ity to make transfers pursuant to this section is in addi4 tion to the authority to make transfers under other provi5 sions of this Act: Provided further, That the Secretary of

6 Defense may proceed with such transfer after notifying

7 the Appropriations Committees of the House of Rep8 resentatives and the Senate twenty calendar days in ses9 sion before any such transfer of funds under this

10 provision.

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

12 Act available for the Civilian Health and Medical Program

13 of the Uniformed Services (CHAMPUS) shall be available

14 for the reimbursement of any health care provider for in15 patient mental health service for care received when a pa16 tient is referred to a provider of inpatient mental health

17 care or residential treatment care by a medical or health

18 care professional having an economic interest in the facil19 ity to which the patient is referred: Provided, That this

20 limitation does not apply in the case of inpatient mental

21 health services provided under the program for the handi22 capped under subsection (d) of section 1079 of title 10,

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

24 provided pursuant to a waiver authorized by the Secretary

25 of Defense because of medical or psychological cir-
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1 cumstances of the patient that are confirmed by a health

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

3 pursuant to rules prescribed by the Secretary, which takes

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

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

6 availability of that care.

7 SEC. 8032. All new Department of Defense procure8 ments shall separately identify software costs in the work

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

10 instances where software is considered to be a major cat11 egory of cost.

12 SEC. 8033. During the current fiscal year and there13 after, of the funds appropriated, reimbursable expenses in14 curred by the Department of Defense on behalf of the So15 viet Union or its successor entities in monitoring United

16 States implementation of the Treaty Between the United

17 States of America and the Union of Soviet Socialist Re18 publics on the Elimination of Their Intermediate-Range

19 or Shorter-Range Missiles (‘‘INF Treaty’’), concluded De20 cember 8, 1987, may be treated as orders received and

21 obligation authority for the applicable appropriation, ac22 count, or fund increased accordingly. Likewise, any reim23 bursements received for such costs may be credited to the

24 same appropriation, account, or fund to which the ex25 penses were charged: Provided, That reimbursements
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1 which are not received within one hundred and eighty days

2 after submission of an appropriate request for payment

3 shall be subject to interest at the current rate established

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

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

6 on the one hundred and eighty-first day following submis7 sion of an appropriate request for payment: Provided fur8 ther, That funds appropriated in this Act may be used to

9 reimburse United States military personnel for reasonable

10 costs of subsistence, at rates to be determined by the Sec11 retary of Defense, incurred while accompanying Soviet In12 spection Team members or inspection team members of

13 the successor entities of the Soviet Union engaged in ac14 tivities related to the INF Treaty: Provided further, That

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

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

17 is performed at, near, or away from an individual’s perma18 nent duty station.

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

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

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

22 the Vietnam era to an annual meeting in the United

23 States, under such regulations as the Secretary of Defense

24 may prescribe.
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1 SEC. 8035. None of the funds available in this Act

2 to the Department of Defense or Navy shall be obligated

3 or expended for (or to implement) automatic data process4 ing, data processing center, central design activity, DMRD

5 918, defense information infrastructure, military or civil6 ian personnel and finance and accounting function consoli7 dation plans, consolidations, and disestablishment or re8 alignment plans that impact, in terms of reductions in

9 force or transfers in military and civilian personnel, end

10 strength, billets, functions, or missions, the Enlisted Per11 sonnel Management Center, the Naval Computer and

12 Telecommunications Station and Defense Accounting Of13 fice, New Orleans, and the Naval Reserve Personnel Cen14 ter and related missions, functions, and commands until

15 sixty legislative days after the Secretary of Defense sub16 mits to the House and Senate Committees on Appropria17 tions a report, including complete review comments and

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

19 Comptroller General, justifying and certifying that such

20 plans and actions: (1) do not consolidate, plan to consoli21 date, disestablish or realign Department of Defense or

22 Service data processing functions or centers, central de23 sign activities, finance and accounting or military and ci24 vilian personnel functions and activities, or claim savings

25 from such function and activity consolidations and dis-
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1 establishment, realignment, or consolidation plans, that

2 are in more than one defense management report plan or

3 decision or any other Department of Defense or Service

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

5 utilize criteria primarily weighted to evaluate, measure,

6 and compare how data processing centers, central design

7 activities, financing and accounting and military and civil8 ian personnel functions and activities are ranked in terms

9 of operational readiness, customer satisfaction, and the

10 most cost effective and least expensive from a business

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

12 will provide equal or better service for DOD customers;

13 (4) will not adversely impact the quality of life and bene14 fits of the individual service person, dependents, and civil15 ian personnel; and (5) will not adversely impact the mis16 sion and readiness of the Navy and Naval Reserves: Pro17 vided, That none of the provisions in this section shall,

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

19 Closure and Realignment Commission recommendations.

20 SEC. 8036. Notwithstanding any other provision of

21 law, during the current fiscal year, the Secretary of De22 fense may, by Executive Agreement, establish with host

23 nation governments in NATO member states a separate

24 account into which such residual value amounts negotiated

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

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

3 the United States Treasury: Provided, That such credits

4 may be utilized only for the construction of facilities to

5 support United States military forces in that host nation,

6 or such real property maintenance and base operating

7 costs that are currently executed through monetary trans8 fers to such host nations: Provided further, That the De9 partment of Defense’s budget submission for fiscal year

10 1995 shall identify such sums anticipated in residual value

11 settlements, and identify such construction, real property

12 maintenance or base operating costs that shall be funded

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

14 That all military construction projects to be executed from

15 such accounts must be previously approved in a prior Act

16 of Congress: Provided further, That each such Executive

17 Agreement with a NATO member host nation shall be re18 ported to the Committees on Appropriations and Armed

19 Services of the House of Representatives and the Senate

20 thirty days prior to the conclusion and endorsement of any

21 such agreement established under this provision.

22 SEC. 8037. All obligations incurred in anticipation of

23 the appropriations and authority provided in this Act are

24 hereby ratified and confirmed if otherwise in accordance

25 with the provisions of this Act.
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1 SEC. 8038. None of the funds available to the De2 partment of Defense in this Act shall be used to demili3 tarize or dispose of more than 310,784 unserviceable M1

4 Garand rifles and M1 Carbines.

5 SEC. 8039. Notwithstanding any other provision of

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

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

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

9 Code, in a lump sum.

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

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

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

13 he or she supervises is considered as a basis for this deter14 mination: Provided, That savings that result from this

15 provision are represented as such in future budget

16 proposals.

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

18 no more than $18,500,000 shall be available for the men19 tal health care demonstration project at Fort Bragg,

20 North Carolina: Provided, That adjustments may be made

21 for normal and reasonable price and program growth.

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

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

24 Civilian Health and Medical Program of the Uniformed

25 Services (CHAMPUS) for services determined under the
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1 CHAMPUS Peer Review Organization (PRO) Program to

2 be not medically or psychologically necessary. The Sec3 retary of Defense may by regulation adopt any quality and

4 utilization review requirements and procedures in effect

5 for the Peer Review Organization Program under title

6 XVIII of the Social Security Act (Medicare) that the Sec7 retary determines necessary, and may adapt the Medicare

8 requirements and procedures to the circumstances of the

9 CHAMPUS PRO Program as the Secretary determines

10 appropriate.

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

12 Act shall be available for payments under the Department

13 of Defense contract with the Louisiana State University

14 Medical Center involving the use of cats for Brain Missile

15 Wound Research, and the Department of Defense shall

16 not make payments under such contract from funds obli17 gated prior to the date of the enactment of this Act, except

18 as necessary for costs incurred by the contractor prior to

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

20 after the final General Accounting Office report on the

21 aforesaid contract is submitted for review to the Commit22 tees on Appropriations of the House of Representatives

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

24 care of animals covered by this contract are allowed.
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1 SEC. 8044. None of the funds provided in this Act

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

3 research at the Letterman Army Institute of Research

4 until the Secretary of the Army certifies that the synthetic

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

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

7 the research has military application, the research will be

8 conducted in accordance with the standards set by an ani9 mal care and use committee, and the research does not

10 duplicate research already conducted by a manufacturer

11 or any other research organization.

12 SEC. 8045. The Secretary of Defense shall include

13 in any base closure and realignment plan submitted to

14 Congress after the date of enactment of this Act, a com15 plete review for the five-year period beginning on Octo16 ber 1, 1993, which shall include expected force structure

17 and levels for such period, expected installation require18 ments for such period, a budget plan for such period, the

19 cost savings expected to be realized through realignments

20 and closures of military installations during such period,

21 an economics model to identify the critical local economic

22 sectors affected by proposed closures and realignments of

23 military installations and an assessment of the economic

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

25 be realigned or closed.
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1 SEC. 8046. No more than $50,000 of the funds ap2 propriated or made available in this Act shall be used for

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

4 function of the Department of Defense into or within the

5 National Capital Region: Provided, That the Secretary of

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

7 by certifying in writing to the Committees on Appropria8 tions of the House of Representatives and Senate that

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

10 Government: Provided further, That no funds appropriated

11 or made available in this Act shall be used for the reloca12 tion into the National Capital Region of the Air Force Of13 fice of Medical Support located at Brooks Air Force Base.

14 SEC. 8047. During the current fiscal year, funds ap15 propriated or otherwise available for any Federal agency,

16 the Congress, the judicial branch, or the District of Co17 lumbia may be used for the pay, allowances, and benefits

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

19 an individual employed by the government of the District

20 of Columbia, permanent or temporary indefinite, who—

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

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

23 or the National Guard, as described in section 101

24 of title 32;
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1 (2) performs, for the purpose of providing mili2 tary aid to enforce the law or providing assistance

3 to civil authorities in the protection or saving of life

4 or property or prevention of injury—

5 (A) Federal service under section 331,

6 332, 333, 3500, or 8500 of title 10, or other

7 provision of law, as applicable, or

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

9 the District of Columbia, the Commonwealth of

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

11 and

12 (3) requests and is granted—

13 (A) leave under the authority of this sec14 tion; or

15 (B) annual leave, which may be granted

16 without regard to the provisions of sections

17 5519 and 6323(b) of title 5, if such employee

18 is otherwise entitled to such annual leave:

19 Provided, That any employee who requests leave under

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

21 of this section is entitled to such leave, subject to the pro22 visions of this section and of the last sentence of section

23 6323(b) of title 5, and such leave shall be considered leave

24 under section 6323(b) of title 5.
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1 SEC. 8048. None of the funds appropriated by this

2 Act shall be available to perform any cost study pursuant

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

4 performed exceeds a period of twenty-four months after

5 initiation of such study with respect to a single function

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

7 for a multi-function activity.

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

9 American Forces Information Service shall not be used for

10 any national or international political or psychological ac11 tivities.

12 SEC. 8050. Notwithstanding any other provision of

13 law or regulation, the Secretary of Defense may adjust

14 wage rates for civilian employees hired for certain health

15 care occupations as authorized for the Secretary of Veter16 ans Affairs by section 7455 of title 38, United States

17 Code.

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

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

20 the military or civilian medical and medical support per21 sonnel end strength as of September 30, 1993, as defined

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

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

24 to reduce the military or civilian medical and medical sup25 port personnel end strength at a base undergoing a partial
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1 closure or realignment, where more than one joint com2 mand is located, below the September 30, 1991 level.

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

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

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

6 Operation and Maintenance.

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

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

9 the operation of the 815th Weather Squadron of the Air

10 Force Reserve, if such action would reduce the WC–130

11 Weather Reconnaissance mission below the levels funded

12 in this Act.

13 SEC. 8054. During the current fiscal year, with14 drawal credits may be made by the Defense Business Op15 erations Fund to the credit of current applicable appro16 priations of an activity of the Department of Defense in

17 connection with the acquisition by that activity of supplies

18 that are repairable components which are repairable at a

19 repair depot and that are capitalized into the Defense

20 Business Operations Fund as the result of management

21 changes concerning depot level repairable assets charged

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

23 customer of the Defense Business Operations Fund that

24 became effective on April 1, 1992.
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1 SEC. 8055. (a) Of the funds for the procurement of

2 supplies or services appropriated by this Act, qualified

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

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

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

9 which has negotiated with a military service or defense

10 agency a subcontracting plan for the participation by

11 small business concerns pursuant to section 8(d) of the

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

13 credit toward meeting that subcontracting goal for any

14 purchases made from qualified nonprofit agencies for the

15 blind or other severely handicapped.

16 (c) For the purpose of this section, the phrase ‘‘quali17 fied nonprofit agency for the blind or other severely handi18 capped’’ means a nonprofit agency for the blind or other

19 severely handicapped that has been approved by the Com20 mittee for the Purchase from the Blind and Other Severely

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

22 U.S.C. 46–48).

23 SEC. 8056. During the current fiscal year and there24 after, there is established, under the direction and control

25 of the Attorney General, the National Drug Intelligence
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1 Center, whose mission it shall be to coordinate and con2 solidate drug intelligence from all national security and

3 law enforcement agencies, and produce information re4 garding the structure, membership, finances, communica5 tions, and activities of drug trafficking organizations: Pro6 vided, That funding for the operation of the National

7 Drug Intelligence Center, including personnel costs associ8 ated therewith, shall be provided from the funds appro9 priated to the Department of Defense.

10 SEC. 8057. During the current fiscal year and there11 after, the Navy may provide notice to exercise options

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

13 accordance with the terms of the Aide Memoire, dated

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

15 April 30, 1986, and as implemented in the LEASAT con16 tract.

17 SEC. 8058. During the current fiscal year, net re18 ceipts pursuant to collections from third party payers pur19 suant to section 1095 of title 10, United States Code, shall

20 be made available to the local facility of the uniformed

21 services responsible for the collections and shall be over

22 and above the facility’s direct budget amount.

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

24 obligated for the procurement of Multibeam Sonar Map25 ping Systems, and supporting software, not engineered
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1 and manufactured in the United States: Provided, That

2 the Secretary of the military department responsible for

3 such procurement may waive this restriction on a case4 by-case basis by certifying in writing to the Committees

5 on Appropriations of the House of Representatives and the

6 Senate that adequate domestic supplies are not available

7 to meet Department of Defense requirements on a timely

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

9 to acquire capability for national security purposes.

10 SEC. 8060. During the current fiscal year and there11 after, notwithstanding any other provision of law, the De12 partment of Defense is hereby authorized to develop and

13 procure the LANDSAT 7 vehicle.

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

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

16 military medical facility with a health care professional

17 unless the prospective candidate can demonstrate profes18 sional administrative skills.

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

20 the Defense Health Program, notwithstanding any other

21 provision of law, the amount payable for services provided

22 under this section shall not be less than the amount cal23 culated under the coordination of benefits reimbursement

24 formula utilized when CHAMPUS is a secondary payor

25 to medical insurance programs other than Medicare, and
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1 such appropriations as necessary shall be available (not2 withstanding the last sentence of section 1086(c) of title

3 10, United States Code) to continue Civilian Health and

4 Medical Program of the Uniformed Services (CHAMPUS)

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

6 member of a uniformed service who is entitled to retired

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

8 a member, or any other beneficiary described by section

9 1086(c) of title 10, United States Code, who becomes eligi10 ble for hospital insurance benefits under part A of title

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

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

13 renal disease: Provided, That expenses under this section

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

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

16 Social Security Act and are otherwise covered under

17 CHAMPUS: Provided further, That no reimbursement

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

19 1991.

20 SEC. 8063. During the current fiscal year, the Sec21 retary of Defense may accept burdensharing contributions

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

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

24 employees, supplies, and services of the Department of De25 fense to be credited to applicable Department of Defense
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1 operation and maintenance appropriations available for

2 the salaries and benefits of national employees of Japan,

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

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

5 same purposes and time period as those appropriations to

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

7 after the end of each quarter of the fiscal year, the Sec8 retary of Defense shall submit to the Congress a report

9 of contributions accepted by the Secretary under this pro10 vision during the preceding quarter.

11 SEC. 8064. (a) Funds appropriated in this Act to fi12 nance activities of Department of Defense (DOD) Feder13 ally Funded Research and Development Centers

14 (FFRDCs) may not be obligated or expended for an

15 FFRDC if a member of its Board of Directors or Trustees

16 simultaneously serves on the Board of Directors or Trust17 ees of a profit-making company under contract to the De18 partment of Defense unless the FFRDC has a DOD ap19 proved conflict of interest policy for its members.

20 (b) None of the funds appropriated in this Act are

21 available to establish a new FFRDC, either as a new en22 tity, or as a separate entity administered by an organiza23 tion managing another FFRDC, or as a nonprofit mem24 bership corporation consisting of a consortium of other

25 FFRDCs and other nonprofit entities.
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1 SEC. 8065. None of the funds appropriated or made

2 available in this Act shall be used to procure carbon, alloy

3 or armor steel plate for use in any Government-owned fa4 cility or property under the control of the Department of

5 Defense which were not melted and rolled in the United

6 States or Canada: Provided, That these procurement re7 strictions shall apply to any and all Federal Supply Class

8 9515, American Society of Testing and Materials (ASTM)

9 or American Iron and Steel Institute (AISI) specifications

10 of carbon, alloy or armor steel plate: Provided further,

11 That the Secretary of the military department responsible

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees

14 on Appropriations of the House of Representatives and the

15 Senate that adequate domestic supplies are not available

16 to meet Department of Defense requirements on a timely

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

18 to acquire capability for national security purposes: Pro19 vided further, That these restrictions shall not apply to

20 contracts which are in being as of the date of enactment

21 of this Act.

22 SEC. 8066. Notwithstanding any other provision of

23 law, no more than 15 percent of the funds available to

24 the Department of Defense for sealift may be used to ac25 quire, directly or indirectly, through charter or purchase,
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1 ships constructed in foreign shipyards: Provided, That

2 ships acquired as provided above shall be necessary to sat3 isfy the shortfalls identified in the Mobility Requirements

4 Study: Provided further, That any work required to con5 vert foreign built ships acquired as provided above to Unit6 ed States Coast Guard and American Bureau of Shipping

7 standards, or conversion to a more useful military configu8 ration, must be accomplished in United States domestic

9 shipyards: Provided further, That none of the funds shall

10 be used to purchase the following major components:

11 bridge or machinery control systems, or interior commu12 nications equipment, auxiliary equipment, including

13 pumps for all shipboard services, propulsion system com14 ponents (that is, engines, reduction gears, and propellers),

15 shipboard cranes, and spreaders for shipboard cranes for

16 sealift ships unless the systems or equipment, and their

17 components, are manufactured in the United States: Pro18 vided further, That the Secretary of the military depart19 ment responsible for such procurement may waive this re20 striction on a case-by-case basis by certifying in writing

21 to the Committees on Appropriations of the House of Rep22 resentatives and the Senate that adequate domestic sup23 plies are not available to meet Department of Defense re24 quirements on a timely basis and that such an acquisition
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1 must be made in order to acquire capability for national

2 security purposes.

3 SEC. 8067. For the purposes of this Act, the term

4 ‘‘congressional defense committees’’ means the Commit5 tees on Armed Services, the Committees on Appropria6 tions, and the subcommittees on Defense of the Committee

7 on Appropriations, of the Senate and the House of Rep8 resentatives.

9 SEC. 8068. Notwithstanding any other provision of

10 law, during the current fiscal year, the Secretary of De11 fense may acquire the modification, depot maintenance

12 and repair of aircraft, vehicles and vessels as well as the

13 production of components and other Defense-related arti14 cles, through competition between Department of Defense

15 depot maintenance activities and private firms: Provided,

16 That the Senior Acquisition Executive of the military de17 partment or defense agency concerned, with power of dele18 gation, shall certify that successful bids include com19 parable estimates of all direct and indirect costs for both

20 public and private bids: Provided further, That Office of

21 Management and Budget Circular A–76 shall not apply

22 to competitions conducted under this section.

23 SEC. 8069. (a)(1) If the Secretary of Defense, after

24 consultation with the United States Trade Representative,

25 determines that a foreign country which is party to an
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1 agreement described in paragraph (2) has violated the

2 terms of the agreement by discriminating against certain

3 types of products produced in the United States that are

4 covered by the agreement, the Secretary of Defense shall

5 rescind the Secretary’s blanket waiver of the Buy Amer6 ican Act with respect to such types of products produced

7 in that foreign country.

8 (2) An agreement referred to in paragraph (1) is any

9 reciprocal defense procurement memorandum of under10 standing, between the United States and a foreign country

11 pursuant to which the Secretary of Defense has prospec12 tively waived the Buy American Act for certain products

13 in that country.

14 (b) The Secretary of Defense shall submit to Con15 gress a report on the amount of Department of Defense

16 purchases from foreign entities in fiscal year 1994. Such

17 report shall separately indicate the dollar value of items

18 for which the Buy American Act was waived pursuant to

19 any agreement described in subsection (a)(2), the Trade

20 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

21 international agreement to which the United States is a

22 party.

23 (c) For purposes of this section, the term ‘‘Buy

24 American Act’’ means title III of the Act entitled ‘‘An

25 Act making appropriations for the Treasury and Post
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1 Office Departments for the fiscal year ending June 30,

2 1934, and for other purposes’’, approved March 3,

3 1933 (41 U.S.C. 10a et seq.).

4 SEC. 8070. (a) Of the funds made available in this

5 Act in title II, Operation and Maintenance, Army,

6 $5,000,000 shall be available only to execute the cleanup

7 of uncontrolled hazardous waste contamination affecting

8 the Sale Parcel at Hamilton Air Force Base, in Novato,

9 in the State of California.

10 (b) Notwithstanding any other provision of law, in the

11 event that the purchaser of the Sale Parcel exercises its

12 option to withdraw from all or a portion of the sale, as

13 provided in the Agreement and Modification, dated Sep14 tember 25, 1990, between the Department of Defense, the

15 General Services Administration, and the purchaser, as

16 amended, the purchaser’s deposit of $4,500,000 shall be

17 returned by the General Services Administration and

18 funds eligible for reimbursement under the Agreement and

19 Modification, as amended, shall come from the funds made

20 available to the Department of Defense by this Act.

21 (c) Notwithstanding any other provision of law, in the

22 event that the purchaser purchases only a portion of the

23 Sale Parcel and exercises its option to withdraw from the

24 sale as to the rest of the Sale Parcel, the portion of the

25 Sale Parcel that is not purchased (other than Landfill 26
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1 and an appropriate buffer area around it), together with

2 any of the land referred to in section 9099(e) of Public

3 Law 102–396 that is not purchased by the purchaser,

4 shall be sold to the City of Novato, in the State of Califor5 nia, for the sum of One Dollar as a public benefit transfer

6 for school, classroom or other educational use, for use as

7 a public park or recreation area or for further conveyance

8 as provided herein, subject to the following restrictions:

9 (1) if the City sells any portion of such land to any third

10 party within ten years after the transfer to the City, which

11 sale may be made without the foregoing use restrictions,

12 any proceeds received by the City in connection with such

13 sale, minus the demonstrated reasonable costs of conduct14 ing the sale and of any improvements made by the City

15 to the land following its acquisition of the land (but only

16 to the extent such improvements increase the value of the

17 portion sold), shall be immediately turned over to the

18 Army in reimbursement of the withdrawal payment made

19 by the Army to the contract purchaser and the costs of

20 cleaning up the Landfill and (2) until one year following

21 completion of the cleanup of contaminated soil in the land22 fill and completion of the groundwater treatment facilities,

23 the sale must be at a per-acre price for the portion sold

24 that is at least equal to the per-acre contract price paid

25 by the purchaser for the portion of the Sale Parcel pur-
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1 chased under the Agreement and Modification, as amend2 ed, and thereafter must be at a price at least equal to

3 the fair market value of the portion sold. The foregoing

4 restrictions shall not apply to a transfer to another public

5 or quasi-public agency for public uses of the kind de6 scribed above. The deed to the City shall contain a clause

7 providing that, if any of the proceeds referred to in clause

8 (1) are not delivered to the Army within 30 days after

9 sale, or any portion of the land not sold as provided herein

10 is used for other than educational, park or recreational

11 uses, title to the applicable portion of such land shall re12 vert to the United States Government at the election of

13 the General Services Administration. The Army shall

14 agree to deliver into the applicable closing escrow an ac15 knowledgement of receipt of any proceeds described in

16 clause (1) above and a release of the reverter right as to

17 the affected land, effective upon such receipt.

18 (d) Notwithstanding any other provision of law, the

19 Air Force shall be reimbursed for expenditures in excess

20 of $15,000,000 in connection with the total clean-up of

21 uncontrolled hazardous waste contamination on the afore22 mentioned Sale Parcel from the proceeds collected upon

23 the closing of any portion of the Sale Parcel purchased

24 by the contract purchaser under the Agreement and Modi25 fication, as amended.
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1 SEC. 8071. Notwithstanding any other provision of

2 law, the Secretary of Defense may, when he considers it

3 in the best interest of the United States, cancel any part

4 of an indebtedness, up to $2,500, that is or was owed to

5 the United States by a member or former member of a

6 uniformed service if such indebtedness, as determined by

7 the Secretary, was incurred in connection with Operation

8 Desert Shield/Storm: Provided, That the amount of an in9 debtedness previously paid by a member or former mem10 ber and cancelled under this section shall be refunded to

11 the member.

12 SEC. 8072. Appropriations contained in this Act that

13 remain available at the end of the current fiscal year as

14 a result of energy cost savings realized by the Department

15 of Defense shall remain available for obligation for the

16 next fiscal year to the extent, and for the purposes, pro17 vided in section 2865 of title 10, United States Code.

18 SEC. 8073. During the current fiscal year, voluntary

19 separation incentives payable under 10 U.S.C. 1175 may

20 be paid in such amounts as are necessary from the assets

21 of the Voluntary Separation Incentive Fund established by

22 section 1175(h)(1).

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8074. Amounts deposited during fiscal years

25 1993 and 1994 to the special account established under

26 40 U.S.C. 485(h)(2) and to the special account established
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1 under 10 U.S.C. 2667(d)(1) are appropriated and shall

2 be available until transferred by the Secretary of Defense

3 to current applicable appropriations or funds of the De4 partment of Defense under the terms and conditions speci5 fied by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

6 2667(d)(1)(B), to be merged with and to be available for

7 the same time period and the same purposes as the appro8 priation to which transferred.

9 SEC. 8075. In order to maintain an electric furnace

10 capacity in the United States, preference for the purchase

11 of chromite ore and manganese ore authorized for disposal

12 from the National Defense Stockpile shall be given to do13 mestic producers of high carbon ferrochromium and high

14 carbon ferromanganese—

15 (A) whose primary output during the three pre16 ceding years has been ferrochromium or

17 ferromanganese; and

18 (B) who guarantee to use the chromite and

19 manganese ore for domestic purposes.

20 SEC. 8076. During the current fiscal year, none of

21 the funds available to the Department of Defense may be

22 used to procure or acquire (1) defensive handguns or de23 fensive handgun ammunition unless such handguns or

24 handgun ammunition are the M9 9mm Department of De25 fense standard handgun or ammunition for such hand-
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1 guns, or (2) offensive handguns and ammunition except

2 for the Special Operations Forces.

3 SEC. 8077. During the current fiscal year, appropria4 tions available to the Department of Defense may be used

5 to reimburse a member of a reserve component of the

6 Armed Forces who is not otherwise entitled to travel and

7 transportation allowances and who occupies transient gov8 ernment housing while performing active duty for training

9 or inactive duty training: Provided, That such members

10 may be provided lodging in kind if transient government

11 quarters are unavailable as if the member was entitled to

12 such allowances under subsection (a) of section 404 of title

13 37, United States Code: Provided further, That if lodging

14 in kind is provided, any authorized service charge or cost

15 of such lodging may be paid directly from funds appro16 priated for operation and maintenance of the reserve com17 ponent of the member concerned.

18 SEC. 8078. For fiscal year 1994, the total amount

19 appropriated to fund the Uniformed Services Treatment

20 Facilities program, operated pursuant to section 911 of

21 Public Law 97–99 (42 U.S.C. 248c), is limited to

22 $291,000,000, of which not more than $265,000,000 may

23 be provided by the funds appropriated by this Act.

24 SEC. 8079. None of the funds available in this Act

25 may be used to support in any manner, including travel
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1 or other related expenses, the ‘‘Tailhook Association’’:

2 Provided, That investigations by the Secretary of the Navy

3 or consultation with the Tailhook Association are not pro4 hibited by this provision.

5 SEC. 8080. During the current fiscal year and there6 after, from funds available to the Department of Defense,

7 the Director of the Air National Guard shall operate a

8 Command, Control, Communications and Intelligence

9 planning office manned by three full-time Air Guard offi10 cers in the rank of O–6, O–5, and O–4: Provided, That

11 these officers shall be in addition to the strengths author12 ized in section 524 of title 10, United States Code.

13 SEC. 8081. None of the funds appropriated in this

14 Act or made available to the Department of Defense and

15 deposited into the Pentagon Reservation Maintenance Re16 volving Fund may be used for the purpose of constructing

17 a Pentagon Maintenance Facility, a Logistics Support Ex18 tension, or any other building not an integral part of the

19 present Pentagon building.

20 SEC. 8082. The President shall include with each

21 budget for a fiscal year submitted to the Congress under

22 section 1105 of title 31, United States Code, materials

23 that shall identify clearly and separately the amounts re24 quested in the budget for appropriation for that fiscal year

25 for salaries and expenses related to administrative activi-
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1 ties of the Department of Defense, the military

2 departments, and the Defense Agencies.

3 SEC. 8083. None of the funds available to the De4 partment of Defense may be obligated or expended for

5 construction of Ground Wave Emergency Network

6 (GWEN) sites in Fiscal Year 1994.

7 SEC. 8084. The $15,000,000 made available in sec8 tion 9088 of the Department of Defense Appropriations

9 Act, 1993 (Public Law 102–396) for payment of claims

10 to United States military and civilian personnel for dam11 ages incurred as a result of the volcanic eruption of Mount

12 Pinatubo in the Philippines, shall remain available for ob13 ligation until September 30, 1994, notwithstanding sec14 tion 9003 of that Act.

15 (TRANSFER OF FUNDS)

16 SEC. 8085. In addition to any other transfer author17 ity contained in this Act, $100,000,000 appropriated in

18 this Act under the heading ‘‘Operation and Maintenance,

19 Defense-Wide’’ may be transferred to appropriations con20 tained in this Act which are available for the payment of

21 civilian voluntary separation incentives, to be merged with

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

23 time period as the appropriations to which transferred.

24 SEC. 8086. During the current fiscal year, amounts

25 contained in the Department of Defense Overseas Military

26 Facility Investment Recovery Account established by sec-
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1 tion 2921(c)(1) of the National Defense Authorization Act

2 of 1991, (Public Law 101–510; 10 U.S.C. 2687 note)

3 shall be available until expended for the payments speci4 fied by section 2921(c)(2) of that Act.

5 SEC. 8087. During the current fiscal year, annual

6 payments granted under the provisions of section 4416 of

7 the National Defense Authorization Act for fiscal year

8 1993 (Public Law 102–428; 106 Stat. 2714) shall be

9 made from appropriations in this Act which are available

10 for the pay of reserve component personnel.

11 SEC. 8088. None of the funds appropriated by this

12 Act may be used to relocate the 116th Fighter Wing of

13 the Air National Guard from Dobbins Air Reserve Base

14 to Robins Air Force Base, or to convert that wing from

15 F–15A aircraft to B–1B aircraft.

16 SEC. 8089. (a) IN GENERAL.—Subject to subsection

17 (b), the Secretary of the Army may release, discharge,

18 waive, and quitclaim all right, title, and interest which the

19 United States may have by virtue of the quitclaim deed

20 dated June 18, 1956, in and to approximately 6.89 acres

21 of real property, with improvements thereon, in Harris

22 County, Texas.

23 (b) CONDITION.—The Secretary may carry out sub24 section (a) only after obtaining satisfactory assurances

25 that the State of Texas shall obtain, in exchange for the
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1 real property referred to in subsection (a), a tract of real

2 property—

3 (1) which is at least equal in value to the real

4 property referred to in subsection (a), and

5 (2) which shall be, on the date on which the

6 State obtains it, subject to the same restrictions and

7 covenants with respect to the Federal Government

8 as are applicable on the date of the enactment of

9 this Act to the real property referred to in sub10 section (a).

11 (c) LEGAL DESCRIPTION OF REAL PROPERTY.—The

12 exact acreage and legal description of the real property

13 referred to in subsection (a) shall be based upon surveys

14 that are satisfactory to the Secretary.

15 SEC. 8090. None of the funds appropriated by this

16 Act shall be used to procure aircraft fuel cells unless the

17 fuel cells are produced or manufactured in the United

18 States by a domestic-owned and domestic-operated entity:

19 Provided, That the Secretary of the military department

20 responsible for the procurement may waive this restriction

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

22 Committees on Appropriations of the House of Represent23 atives and the Senate that adequate domestic supplies are

24 not available to meet Department of Defense requirements

25 on a timely basis and that such an acquisition must be
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1 made in order to acquire capability for national security

2 purposes.

3 SEC. 8091. (a) Notwithstanding any other provision

4 of law, not less than $750,000 of the funds appropriated

5 under the heading ‘‘Operation and Maintenance, Army’’

6 in title II of this Act shall be made available until ex7 pended to conduct a demonstration program involving the

8 Army Senior Reserve Officers’ Training Corps battalion

9 at Indiana University-Northwest and Army Junior Re10 serve Officers’ Training Corps units near the University.

11 The purpose of the program shall be to encourage minor12 ity students in secondary educational institutions to con13 tinue their education.

14 (b) Under the program, Senior Reserve Officers’

15 Corps cadets may serve as mentors and tutors for students

16 in Junior Reserve Officers’ Corps units. Cadets and stu17 dents may participate in combined activities, including

18 summer camps, field training, and other traditional mili19 tary activities.

20 (c) Senior Reserve Officers’ Corps cadets who serve

21 as mentors and tutors may be paid a stipend.

22 (d) After a cadet has satisfactorily served in the pro23 gram, under criteria established by the Secretary of the

24 Army and for a period of time determined by the Sec25 retary, the cadet may be provided financial assistance tui-
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1 tion, books, laboratory fees, and similar educational ex2 penses if the cadet continues to serve satisfactorily in the

3 program.

4 SEC. 8092. During the current fiscal year, appropria5 tions which are available to the Department of Defense

6 for operation and maintenance may be used to purchase

7 items having an investment item unit cost of not more

8 than $50,000.

9 SEC. 8093. None of the funds appropriated by this

10 Act shall be available for direct or indirect support of the

11 joint Department of Defense/Department of Energy Safe12 guard C contingent nuclear testing program.

13 SEC. 8094. In connection with procurements of petro14 leum products made by the Department of Defense with

15 appropriated funds, the Secretary shall consider all quali16 fied bids from any eligible country under the Caribbean

17 Basin Economic Recovery Act which is hereby deemed a

18 designated country pursuant to 19 U.S.C. 2511(b).

19 SEC. 8095. During the current fiscal year, appropria20 tions available for the pay and allowances of active duty

21 members of the Armed Forces shall be available to pay

22 the retired pay which is payable pursuant to section 4403

23 of Public Law 102–484 (10 U.S.C. 1293 note) under the

24 terms and conditions provided in section 4403.
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1 SEC. 8096. None of the funds appropriated in this

2 Act may be used to pay the salaries of more than two

3 Senior Executive Service positions within the Office of the

4 Assistant Secretary of the Army for Civil Works: Provided,

5 That the individuals in these positions may not be com6 pensated at a rate higher than level three of the Senior

7 Executive Service.

8 SEC. 8097. (a) During the current fiscal year, none

9 of the appropriations or funds available to the Defense

10 Business Operations Fund shall be used for the purchase

11 of an investment item for the purpose of acquiring a new

12 inventory item for sale or anticipated sale during the cur13 rent fiscal year or a subsequent fiscal year to customers

14 of the Defense Business Operations Fund if such an item

15 would not have been chargeable to the Defense Business

16 Operations Fund during fiscal year 1993 and if the pur17 chase of such an investment item would be chargeable dur18 ing the current fiscal year to appropriations made to the

19 Department of Defense for procurement.

20 (b) The fiscal year 1995 budget request for the De21 partment of Defense as well as all justification material

22 and other documentation supporting the fiscal year 1995

23 Department of Defense budget shall be prepared and sub24 mitted to the Congress on the basis that any equipment

25 which was classified as an end item and funded in a pro-
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1 curement appropriation contained in this Act shall be

2 budgeted for in a proposed fiscal year 1995 procurement

3 appropriation and not in the supply management business

4 area or any other area or category of the Defense Business

5 Operations Fund.

6 SEC. 8098. (a) The prohibition in section 133(a)(2)

7 of the National Defense Authorization Act for fiscal years

8 1990 and 1991 (Public Law 101–189; 103 Stat. 1383)

9 does not apply to the obligation of funds in amounts not

10 to exceed $216,000,000 for the procurement of not more

11 than 36 OH–58D Scout aircraft from funds appropriated

12 in title III of this Act.

13 (b) The prohibition in section 132(a)(2) of the Na14 tional Defense Authorization Act for 1990 and 1991 (Pub15 lic Law 101–189; 103 Stat. 1383) does not apply to the

16 obligation of funds in amounts not to exceed

17 $368,430,000 for the procurement of not more than 24

18 AH–64 aircraft from funds appropriated in title III of this

19 Act.

20 SEC. 8099. The Department of Defense may not pur21 chase at wholesale or retail, a cement product manufac22 tured by the burning of hazardous or toxic waste unless

23 the following written notice is included with the product:

24 ‘‘WARNING: This cement product was manufactured by

25 a process that burns a hazardous material and may con-
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1 tain residue of the hazardous material. Use appropriately

2 for the risk involved.’’ This warning must be printed in

3 a size and type that is clearly legible and on all bagged

4 products and on the shipping manifest if the product is

5 purchased in bulk.

6 SEC. 8100. (a) FINDINGS.—The Congress finds

7 that—

8 (1) the United States Government has not

9 made adequate efforts to seek the payment of com10 pensation by the government of Peru for the death

11 and injuries to United States military personnel re12 sulting from the attack by aircraft of the military

13 forces of Peru on April 24, 1992, against a United

14 States Air Force C–130 aircraft operating off the

15 coast of Peru; and

16 (2) in failing to make such efforts adequately,

17 the United States Government has failed in its obli18 gation to support the servicemen and their families

19 involved in the incident and generally to support

20 members of the Armed Forces carrying out missions

21 on behalf of the United States.

22 (b) SEMIANNUAL REPORT.—The Secretary of De23 fense shall submit a report to Congress on December 1

24 and June 1 of each year on the efforts made by the Gov25 ernment of the United States during the preceding six-
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1 month period to seek the payment of fair and equitable

2 compensation by the Government of Peru (1) to the survi3 vors of Master Sergeant Joseph Beard, Jr., United States

4 Air Force, who was killed in the attack described in sub5 section (a), and (2) to the other crew members who were

6 wounded in the attack and survived.

7 (c) TERMINATION OF REPORT REQUIREMENT.—The

8 requirement in subsection (b) shall terminate upon certifi9 cation by the Secretary of Defense to Congress that the

10 Government of Peru has paid fair and equitable com11 pensation as described in subsection (b).

12 SEC. 8101. Notwithstanding any other provision of

13 law or regulation, the Department of Defense is directed

14 to use available off the shelf, nondevelopmental items in

15 filling small craft and small boat requirements when at

16 all possible.

17 SEC. 8102. No part of the funds in this Act shall

18 be available to prepare or present a request to the Com19 mittees on Appropriations for reprogramming of funds,

20 unless for higher priority items, based on unforeseen mili21 tary requirements, than those for which originally appro22 priated and in no case where the item for which

23 reprogramming is requested has been denied by the Con24 gress.
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1 SEC. 8103. None of the funds appropriated by this

2 Act shall be available for payment of the compensation

3 of personnel assigned to or serving in the National For4 eign Intelligence Program in excess of 96 percent of such

5 personnel actually assigned to or serving in the National

6 Foreign Intelligence Program on September 30, 1992:

7 Provided, That in making any reduction in the number

8 of such personnel that may be required pursuant to this

9 section, the percentage of reductions to Senior Intelligence

10 Service positions shall be equal to or exceed the percentage

11 of reductions to non-Senior Intelligence Service positions:

12 Provided further, That in making any reduction in the

13 number of such personnel that may be required pursuant

14 to this section, the percentage of reductions to positions

15 in the National Capital Region shall be equal to or exceed

16 the percentage of reductions to positions outside of the

17 National Capital Region.

18 SEC. 8104. None of the funds provided by this Act

19 may be used to pay the salaries of any person or persons

20 who authorize the transfer of obligated and deobligated

21 appropriations into the Reserve for Contingencies of the

22 Central Intelligence Agency.

23 SEC. 8105. During the current fiscal year and there24 after, funds appropriated for construction projects of the

25 Central Intelligence Agency, which are transferred to an-
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1 other Agency for execution, shall remain available until ex2 pended.

3 SEC. 8106. During the current fiscal year and there4 after, monetary limitations on the purchase price of a pas5 senger motor vehicle shall not apply to vehicles purchased

6 for intelligence activities conducted pursuant to Executive

7 Order 12333 or successor orders.

8 SEC. 8107. None of the funds appropriated by this

9 Act for programs of the Central Intelligence Agency shall

10 remain available for obligation beyond the current fiscal

11 year, except for funds appropriated for the Reserve for

12 Contingencies, which shall remain available until Septem13 ber 30, 1995.

14 (TRANSFER OF FUNDS)

15 SEC. 8108. During the current fiscal year and there16 after, no funds may be made available through transfer,

17 reprogramming, or other means between the Central Intel18 ligence Agency and the Department of Defense for any

19 intelligence or special activity different from that pre20 viously justified to the Congress unless the Director of

21 Central Intelligence or the Secretary of Defense has noti22 fied the House and Senate Appropriations Committees of

23 the intent to make such funds available for such activity.

24 SEC. 8109. The classified annex prepared by the

25 Committee on Appropriations to accompany the report on

26 the Department of Defense Appropriations Act, 1994 is
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1 hereby incorporated into this Act: Provided, That the

2 amounts specified in the classified Annex are not in addi3 tion to amounts appropriated by other provisions of this

4 Act: Provided further, That the President shall provide for

5 appropriate distribution of the classified Annex, or of ap6 propriate portions of the classified Annex, within the exec7 utive branch of the Government.

8 SEC. 8110. Notwithstanding any other provision of

9 law, funds made available in this Act for the Defense In10 telligence Agency may be used for the design, develop11 ment, and deployment of General Defense Intelligence

12 Program intelligence communications and intelligence in13 formation systems at the Unified and Specified Com14 mands.

15 SEC. 8111. After March 1, 1994, none of the funds

16 appropriated by this Act shall be available for any Na17 tional Foreign Intelligence Program: Provided, That this

18 provision shall not apply for any National Foreign Intel19 ligence Program for which budget exhibits were submitted

20 to the House Committee on Appropriations which justifies

21 in detail all funds requested for ‘‘base’’, ‘‘ongoing’’, and

22 ‘‘new’’ programs for fiscal year 1995.

23 SEC. 8112. None of the funds appropriated by this

24 Act shall be available for the planning, programming or

25 actual movement of any component or function of the De-
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1 fense Mapping Agency Aerospace Center annex from the

2 St. Louis, Missouri, area.

3 SEC. 8113. (a) During the current fiscal year and

4 hereafter the provisions of law specified in subsection (b)

5 shall not extend to any military firearms (or ammunition,

6 components, parts, accessories, and attachments for such

7 firearms) of United States manufacture furnished to any

8 foreign government by the United States under the Arms

9 Export Control Act or any other foreign assistance or

10 sales program of the United States if—

11 (1) such firearms are among those firearms de12 scribed in clause (i) of the second subparagraph (B)

13 of section 38(b)(1) of the Arms Export Control Act;

14 and

15 (2) such foreign government certifies to the

16 United States Government that such foreign govern17 ment has transferred such firearms to a person who

18 is not an officer, employee, or agent of such foreign

19 government for the purpose of returning such fire20 arms to the United States for sale in the United

21 States.

22 (b) The provisions of law specified in this subsection

23 are—
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1 (1) the prohibition under the regulations re2 quired by the second sentence of section 38(b)(1)(A)

3 of the Arms Export Control Act; and

4 (2) the requirements contained in—

5 (A) subsections (a)(1), (a)(4), and (e) of

6 section 505 of the Foreign Assistance Act of

7 1961; and

8 (B) paragraph (2) of subsection (a), and

9 the third sentence of such subsection, of section

10 3 of the Arms Export Control Act.

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8114. In addition to amounts appropriated or

13 otherwise made available by this Act, $21,700,000 is here14 by appropriated to the Department of Defense and shall

15 be available only for transfer to the United States Coast

16 Guard for a 2.2 percent pay increase for uniformed mem17 bers.

18 SEC. 8115. None of the funds appropriated or made

19 available in this Act shall be obligated or expended for the

20 performance of depot-level maintenance by the Depart21 ment of Defense unless such activities are conducted in

22 accordance with section 2466(a) of title 10, United States

23 Code, as amended by Public Law 102–484.

24 SEC. 8116. Notwithstanding any other provision of

25 law, and in accordance with section 2905 of the Defense

26 Base Closure and Realignment Act of 1990, Public Law
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1 101–510, the Department of Defense shall proceed with

2 implementation of the 1993 Defense Base Closure and Re3 alignment Commission recommendation concerning the

4 consolidation of tactical missile maintenance at

5 Letterkenny Army Depot.

6 SEC. 8117. Notwithstanding any other provision of

7 law, the Secretary of the Navy shall obligate the funds

8 appropriated for fiscal years 1992 and 1993 for the USH–

9 42 Mission Recorder program for the A–6 aircraft.

10 SEC. 8118. In addition to amounts appropriated else11 where in this Act, $200,000 shall be available only for set12 tlement of claims and interest thereon, associated with

13 contract numbered N62474–86–C–0253 for construction

14 of a multipurpose range complex at the Marine Corps Air

15 Ground Combat Center in Twentynine Palms, California:

16 Provided, That such settlement shall be made pursuant

17 to the recommendation of August 19, 1993, of the Comp18 troller General of the United States (case B–230871.3).

19 SEC. 8119. Not withstanding any other provision of

20 law, none of the funds appropriated for fiscal year 1993

21 and fiscal year 1994 for the DDG–51 destroyer program

22 shall be obligated or expended for procurement of the ring

23 laser gyroscope inertial navigation system under a sole

24 source contract.
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1 SEC. 8120. The Secretary of the Navy shall carry out

2 the establishment of the Mine Warfare Center of Excel3 lence at the naval station at Ingleside, Texas (including

4 the establishment of all subordinate units and the reloca5 tion of Navy mine warfare forces), in accordance with the

6 schedule of the Navy for the establishment of such center

7 and without regard to any alteration in that schedule that

8 would otherwise be required pursuant to any other provi9 sion of law enacted during the first session of the 103d

10 Congress that applies specifically to the construction and

11 operation of that center or to the relocation of Navy mine

12 warfare forces to Ingleside, Texas.

13 SEC. 8121. (a) The amount expended during fiscal

14 year 1994 from funds appropriated by this Act or any

15 prior Department of Defense Appropriations Act shall not

16 exceed $255,795,000,000.

17 (b) The Secretary of Defense and the Director of

18 Central Intelligence shall take such steps as necessary to

19 ensure compliance with the requirement in subsection (a).

20 (c) The provisions of the Impoundment Control Act

21 of 1974 (2 U.S.C. 681 et seq.) shall not apply with respect

22 to funds appropriated by this Act or any prior Department

23 of Defense Appropriations Act to the extent necessary to

24 enable the Secretary of Defense to comply with sub25 section (a).
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1 (d) Any payment required to be made by the Depart2 ment of Defense to a business concern that, but for this

3 subsection, would be required to be made during Septem4 ber, 1994 may be made during the period beginning on

5 October 1, 1994, and ending on the date that is 30 days

6 after the date on which the payment would otherwise be

7 required to be made. In determining the amount of any

8 interest penalty under section 3902 of title 31, United

9 States Code, for failure to make any such payment, any

10 period for which the Secretary of Defense, under the pre11 ceding sentence, deferred the required payment date shall

12 not be taken into account.

13 (e)(1) The Secretary of Defense shall, on each of the

14 dates specified in paragraph (2), submit to the Commit15 tees on Appropriations and the Committees on Armed

16 Services of the Senate and House of Representatives a re17 port on the implementation of this section. Each such re18 port shall include—

19 (A) an analysis of cumulative obligations and

20 cumulative expenditures from accounts subject to

21 the limitation in subsection (a) during the period be22 ginning on October 1, 1993, and ending on the last

23 day of the month preceding the month in which the

24 report is to be submitted, including a comparison of

25 such obligations and expenditures with the relevant
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1 estimates of outlays made by the Office of Manage2 ment and Budget and the Congressional Budget Of3 fice; and

4 (B) a description of the specific actions taken

5 by the Secretary to ensure that the Department of

6 Defense meets the requirements of subsection (a).

7 (2) The reports required by paragraph (1) shall be

8 submitted not later than the following dates in 1994:

9 January 15, April 15, July 15, September 15, and October

10 15.

11 (TRANSFER OF FUNDS)

12 SEC. 8122. Upon enactment of this Act, the Sec13 retary of Defense shall make the following transfers of

14 funds: Provided, That the amounts transferred shall be

15 available for the same purposes as the appropriations to

16 which transferred, and for the same time period as the

17 appropriation from which transferred: Provided further,

18 That the amounts shall be transferred between the follow19 ing appropriations in the amounts specified:

20 From:

21 Under the heading, ‘‘Shipbuilding and

22 Conversion, Navy, 1990/1994’’:

23 AOE combat support ship program,

24 $3,459,000;

25 To:
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1 Under the heading, ‘‘Shipbuilding and

2 Conversion, Navy, 1986/1990’’:

3 MHC coastal mine hunter program,

4 $3,459,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and

7 Conversion, Navy, 1990/1994’’:

8 AOE combat support ship program,

9 $46,000;

10 Oceanographic ship program,

11 $538,000;

12 For craft, outfitting, post delivery,

13 and ship special support equipment,

14 $994,000;

15 Under the heading, ‘‘Shipbuilding and

16 Conversion, Navy, 1991/1995’’:

17 For craft, outfitting, and post deliv18 ery, $3,806,000;

19 Under the heading, ‘‘Aircraft Procurement,

20 Navy, 1992/1994’’, $28,710,000;

21 Under the heading, ‘‘Shipbuilding and

22 Conversion, Navy, 1992/1996’’:

23 DDG–51 destroyer program,

24 $41,800,000;
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1 For craft, outfitting, and post deliv2 ery, $1,560,000;

3 Under the heading, ‘‘Weapons Procure4 ment, Navy, 1992/1994’’, $36,000,000;

5 To:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1988/1992’’:

8 SSN–688 attack submarine program,

9 $26,596,000;

10 CVN nuclear aircraft carrier program,

11 $83,600,000;

12 LHD–1 amphibious assault ship pro13 gram, $3,258,000;

14 From:

15 Under the heading, ‘‘Aircraft Procurement,

16 Navy, 1992/1994’’, $28,890,000;

17 Under the heading, ‘‘Aircraft Procurement,

18 Navy, 1993/1995’’, $3,400,000;

19 Under the heading, ‘‘Shipbuilding and

20 Conversion, Navy, 1993/1997’’;

21 Refuelding overhauls, $909,000;

22 DDG–51 destroyer programs,

23 $14,400,000;

24 MHC coastal mine hunter program,

25 $9,343,000;
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1 For craft, outfitting and post delivery,

2 $27,250,000;

3 Under the heading, ‘‘Weapons Procure4 ment, Navy, 1993/1995’’, $76,164,000;

5 To:

6 Under the heading, ‘‘Shipbuilding and

7 Conversion, Navy 1989/1993’’:

8 TRIDENT ballistic missile submarine

9 program, $11,655,000;

10 SSN–688 attack submarine program,

11 $26,972,000;

12 SSN–21 attack submarine program,

13 $40,800,000;

14 DDG–51 destroyer program,

15 $71,500,000;

16 MHC coastal mine hunter program,

17 $9,429,000;

18 From:

19 Under the heading, ‘‘Other Procurement,

20 Navy, 1993/1995’’, $68,361,000;

21 Under the heading, ‘‘Research, Develop22 ment, Test and Evaluation, Navy, 1993/1995’’,

23 $45,000,000;

24 To:
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1 Under the heading, ‘‘Shipbuilding and

2 Conversion, Navy 1990/1994’’:

3 TRIDENT ballistic missile submarine

4 program, $7,241,000;

5 DDG–51 destroyer program,

6 $40,100,000;

7 MCM mine countermeasures program,

8 $7,564,000;

9 T–AGOS surveillance ship program

10 $58,456,000;

11 From:

12 Under the heading, ‘‘Weapons Procure13 ment, Navy, 1993/1995’’, $24,015,000;

14 Under the heading, ‘‘Other procurement,

15 Navy, 1993/1995’’, $102,439,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and

18 Conversion, Navy, 1991/1995’’:

19 SSN–21 attack submarine program,

20 $70,654,000;

21 DDG–51 destroyer program,

22 $31,300,000;

23 Under the heading, ‘‘Shipbuilding and

24 Conversion, Navy, 1993/1997’’:
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1 LSD cargo variant ship program,

2 $24,500,000.

3 SEC. 8123. None of the funds in this Act are avail4 able for any board, committee, or panel which develops,

5 sets, defines, or recommends National Foreign Intelligence

6 Program requirements: Provided, That this provision shall

7 not apply to any such board, committee, or panel for which

8 a majority of the members are not career intelligence or

9 cryptologic professionals.

10 SEC. 8124. The Departments of Defense and Air

11 Force are directed to obligate, no later than thirty days

12 after enactment of this Act, the $55,500,000 appropriated

13 for research and development in Public Law 102–396 only

14 for the continuance of the Space Nuclear Thermal Propul15 sion Program.

16 SEC. 8125. The Secretary of Defense and the Direc17 tor of Central Intelligence shall deliver, in conjunction

18 with the fiscal year 1995 budget request, a report provid19 ing the following information about all research and devel20 opment projects involving the implementation, monitoring,

21 or verification of current and projected international arms

22 control agreements: (a) annual and total budgets, goals,

23 schedules, and priorities; (b) relationships among related

24 projects being funded by the Department of Defense, the

25 National Foreign Intelligence Program, and other depart-
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1 ments and agencies of the Federal Government; and (c)

2 comments by the Arms Control and Disarmament Agency

3 about the relevance of each project to the arms control

4 priorities of the United States.

5 SEC. 8126. Notwithstanding any other provision of

6 law, none of the funds appropriated in this or any other

7 Act shall be used for the purchase of a totally enclosed

8 lifeboat survival system, which consists of the lifeboat and

9 associated davits and winches, if less than 75 percent of

10 the entire system’s components are manufactured in the

11 United States, and if less than 75 percent of the labor

12 in the manufacture and assembly of the entire system is

13 performed in the United States.

14 SEC. 8127. None of the funds appropriated by this

15 Act may be used (1) to transfer to the United Nations

16 a facility in the continental United States for use as a

17 United Nations peacekeeping facility, or (2) for the ren18 ovation of such a facility in preparation for such a trans19 fer.

20 This Act may be cited as the ‘‘Department of Defense

21 Appropriations Act, 1994’’.

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