H. R. 4650—32
expended for a FFRDC if a member of its Board of Directors
or Trustees simultaneously serves on the Board of Directors or
Trustees of a profit-making company under contract to the Depart-
ment of Defense unless the FFRDC has a DoD approved conflict
of interest policy for its members.
(b) None of the funds appropriated in this Act are available
to establish a new FFRDC, either as a new entity, or as a separate
entity administered by an organization managing another FFRDC,
or as a nonprofit membership corporation consisting of a consortium
of other FFRDCs and other nonprofit entities.
(c) The Secretary of Defense may not obligate more than one-
half of the funds available for each defense FFRDC, and more
than one-half of the total amount available for defense FFRDCs,
until the congressional defense committees receive the annual fund-
ing ceilings for fiscal year 1995 for each defense FFRDC and each
subcomponent of a defense FFRDC identified as a separate sub-
entity due to the significantly unique nature of its functions.
(d) LIMITATION ON COMPENSATION.—No employee or executive
officer of a defense FFRDC may be compensated at a rate exceeding
Executive Schedule Level I by that FFRDC: Provided, That the
restriction contained in this subsection shall not take effect until
July 1, 1995.
(e) LIMITATION
ON COMPENSATION.—No member of a Board
of Directors, Trustees, Overseers, Advisory Group, Special Issues
Panel, Visiting Committee, or any similar entity of a defense
FFRDC may be compensated for his or her services as a member
of such entity except under the same conditions, and to the same
extent, as members of the Defense Science Board: Provided, That
a member of any such entity shall be allowed travel expenses
and per diem as authorized under the Federal Joint Travel Regula-
tions, when engaged in the performance of membership duties:
Provided further, That the restriction contained in this subsection
shall not take effect until July 1, 1995.
(f) Notwithstanding any other provision of law, none of the
funds available to the Department of Defense from any source
during fiscal year 1995 may be used by a defense FFRDC, through
a fee or other payment mechanism, for charitable contributions,
for construction of new buildings, for payment of cost sharing for
projects funded by government grants, or for absorption of contract
overruns.
(g) Notwithstanding any other provision of law, of the amounts
available to the Department of Defense during fiscal year 1995,
not more than $1,252,650,000 may be obligated for financing activi-
ties of FFRDCs: Provided, That the total amount appropriated
in title IV of this Act is hereby reduced by $100,000,000 to reflect
the funding ceiling contained in this subsection.
(h) The total amount appropriated to or for the use of the
Department of Defense in title IV of this Act is reduced by an
additional $251,534,000 to reflect savings from the decreased use
of non-FFRDC consulting services by the Department of Defense.
(i) The total amount appropriated to or for the use of the
Department of Defense in title IV of this Act is reduced by an
additional $19,055,000 to reflect savings from the decreased use
of major nonprofit federally funded research institutions and univer-
sity-affiliated research centers by the Department of Defense.
SEC. 8055. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor steel
H. R. 4650—33
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of enactment of this Act.
SEC. 8055A. None of the unobligated balances available in
the National Defense Stockpile Transaction Fund during the current
fiscal year may be obligated or expended to finance any grant
or contract to conduct research, development, test and evaluation
activities for the development or production of advanced materials,
unless amounts for such purposes are specifically appropriated in
a subsequent appropriations Act.
SEC. 8056. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Committees on Armed Services,
the Committees on Appropriations, and the subcommittees on
Defense of the Committee on Appropriations, of the Senate and
the House of Representatives.
SEC. 8057. Notwithstanding any other provision of law, during
the current fiscal year, the Department of Defense may acquire
the modification, depot maintenance and repair of aircraft, vehicles
and vessels as well as the production of components and other
Defense-related articles, through competition between Department
of Defense depot maintenance activities and private firms: Provided,
That the Senior Acquisition Executive of the military department
or defense agency concerned, with power of delegation, shall certify
that successful bids include comparable estimates of all direct and
indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A–76 shall not
apply to competitions conducted under this section.
SEC. 8058. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to Congress a report
on the amount of Department of Defense purchases from foreign
entities in fiscal year 1995. Such report shall separately indicate
H. R. 4650—34
the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2),
the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or
any international agreement to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
SEC. 8058A. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of Colum-
bia, within the District of Columbia, in which the military installa-
tion is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with
another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8059. (a) Of the funds made available in this Act in
title II, Operation and Maintenance, Army, $1,000,000 shall be
available only to execute the cleanup of uncontrolled hazardous
waste contamination affecting the Sale Parcel at Hamilton Air
Force Base, in Novato, in the State of California.
(b) Notwithstanding any other provision of law, in the event
that the purchaser of the Sale Parcel exercises its option to with-
draw from all or a portion of the sale, as provided in the Agreement
and Modification, dated September 25, 1990, between the Depart-
ment of Defense, the General Services Administration, and the
purchaser, as amended, the purchaser’s deposit of $4,500,000 shall
be returned by the General Services Administration and funds
eligible for reimbursement under the Agreement and Modification,
as amended, shall come from the funds made available to the
Department of Defense by this Act.
(c) In the event that the purchaser purchases only a portion
of the Sale Parcel and exercises its option to withdraw from the
sale as to the rest of the Sale Parcel, the portion of the Sale
Parcel that is not purchased (other than Landfill 26 and an appro-
priate buffer area around it and the groundwater treatment facility
site), together with any of the land referred to in section 9099(e)
of Public Law 102–396 that is not purchased by the purchaser,
shall be sold to the City of Novato, in the State of California,
for the sum of One Dollar as a public benefit transfer for school,
classroom or other educational use, for use as a public park or
recreation area or for further conveyance as provided herein, subject
to the following restrictions: (1) if the City sells any portion of
such land to any third party within ten years after the transfer
to the City, which sale may be made without the foregoing use
restrictions, any proceeds received by the City in connection with
H. R. 4650—35
such sale, minus the demonstrated reasonable costs of conducting
the sale and of any improvements made by the City to the land
following its acquisition of the land (but only to the extent such
improvements increase the value of the portion sold), shall be
immediately turned over to the Army in reimbursement of the
withdrawal payment made by the Army to the contract purchaser
and the costs of cleaning up the Landfill and (2) until one year
following completion of the cleanup of contaminated soil in the
Landfill and completion of the groundwater treatment facilities,
the sale must be at a per-acre price for the portion sold that
is at least equal to the per-acre contract price paid by the purchaser
for the portion of the Sale Parcel purchased under the Agreement
and Modification, as amended, and thereafter must be at a price
at least equal to the fair market value of the portion sold. The
foregoing restrictions shall not apply to a transfer to another public
or quasi-public agency for public uses of the kind described above.
The deed to the City shall contain a clause providing that, if
any of the proceeds referred to in clause (1) are not delivered
to the Army within 30 days after sale, or any portion of the
land not sold as provided herein is used for other than educational,
park or recreational uses, title to the applicable portion of such
land shall revert to the United States Government at the election
of the General Services Administration. The Army shall agree to
deliver into the applicable closing escrow an acknowledgement of
receipt of any proceeds described in clause (1) above and a release
of the reverter right as to the affected land, effective upon such
receipt.
(d) Notwithstanding any other provision of law, the Air Force
shall be reimbursed for expenditures in excess of $15,000,000 in
connection with the total clean-up of uncontrolled hazardous waste
contamination on the aforementioned Sale Parcel from the proceeds
collected upon the closing of any portion of the Sale Parcel pur-
chased by the contract purchaser under the Agreement and Modi-
fication, as amended.
(e) Notwithstanding any other provision of law, the purchaser’s
reimbursement claims shall be audited by the Defense Contract
Audit Agency for reasonableness and accuracy before the Depart-
ment of Defense provides any funds under the purchaser’s with-
drawal and reimbursement rights.
SEC. 8060. Notwithstanding any other provision of law, the
Secretary of Defense may, when he considers it in the best interest
of the United States, cancel any part of an indebtedness, up to
$2,500, that is or was owed to the United States by a member
or former member of a uniformed service if such indebtedness,
as determined by the Secretary, was incurred in connection with
Operation Desert Shield/Storm: Provided, That the amount of an
indebtedness previously paid by a member or former member and
cancelled under this section shall be refunded to the member.
SEC. 8061. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
SEC. 8062. During the current fiscal year, voluntary separation
incentives payable under 10 U.S.C. 1175 may be paid in such