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or American Iron and Steel Institute (AISI) specifications
of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible
for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available
to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to
contracts which are in being as of the date of enactment
of this Act.
SEC. 8066. Notwithstanding any other provision of
law, no more than 15 percent of the funds available to
the Department of Defense for sealift may be used to ac-
quire, directly or indirectly, through charter or purchase,
ships constructed in foreign shipyards: Provided, That
ships acquired as provided above shall be necessary to sat-
isfy the shortfalls identified in the Mobility Requirements
Study: Provided further, That any work required to con-
vert foreign built ships acquired as provided above to Unit-
ed States Coast Guard and American Bureau of Shipping
standards, or conversion to a more useful military configu-
ration, must be accomplished in United States domestic
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shipyards: Provided further, That none of the funds shall
be used to purchase the following major components:
bridge or machinery control systems, or interior commu-
nications equipment, auxiliary equipment, including
pumps for all shipboard services, propulsion system com-
ponents (that is, engines, reduction gears, and propellers),
shipboard cranes, and spreaders for shipboard cranes for
sealift ships unless the systems or equipment, and their
components, are manufactured in the United States: Pro-
vided further, That the Secretary of the military depart-
ment responsible for such procurement may waive this re-
striction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate that adequate domestic sup-
plies are not available to meet Department of Defense re-
quirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes.
SEC. 8067. For the purposes of this Act, the term
‘‘congressional defense committees’’ means the Commit-
tees on Armed Services, the Committees on Appropria-
tions, and the subcommittees on Defense of the Committee
on Appropriations, of the Senate and the House of Rep-
resentatives.
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SEC. 8068. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of De-
fense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related arti-
cles, through competition between Department of Defense
depot maintenance activities and private firms: Provided,
That the Senior Acquisition Executive of the military de-
partment or defense agency concerned, with power of dele-
gation, shall certify that successful bids include com-
parable estimates of all direct and indirect costs for both
public and private bids: Provided further, That Office of
Management and Budget Circular A–76 shall not apply
to competitions conducted under this section.
SEC. 8069. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the
terms of the agreement by discriminating against certain
types of products produced in the United States that are
covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced
in that foreign country.
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(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to Con-
gress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 1994. Such
report shall separately indicate the dollar value of items
for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy
American Act’’ means title III of the Act entitled ‘‘An
Act making appropriations for the Treasury and Post
Office Departments for the fiscal year ending June 30,
1934, and for other purposes’’, approved March 3,
1933 (41 U.S.C. 10a et seq.).
SEC. 8070. (a) Of the funds made available in this
Act in title II, Operation and Maintenance, Army,
$5,000,000 shall be available only to execute the cleanup
of uncontrolled hazardous waste contamination affecting
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the Sale Parcel at Hamilton Air Force Base, in Novato,
in the State of California.
(b) Notwithstanding any other provision of law, in the
event that the purchaser of the Sale Parcel exercises its
option to withdraw from all or a portion of the sale, as
provided in the Agreement and Modification, dated Sep-
tember 25, 1990, between the Department of Defense, the
General Services Administration, and the purchaser, as
amended, the purchaser’s deposit of $4,500,000 shall be
returned by the General Services Administration and
funds 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) Notwithstanding any other provision of law, in the
event that the purchaser purchases only a portion of the
Sale Parcel and exercises its option to withdraw from the
sale as to the rest of the Sale Parcel, the portion of the
Sale Parcel that is not purchased (other than Landfill 26
and an appropriate buffer area around it), 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 Califor-
nia, 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
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as provided herein, subject to the following restrictions:
(1) if the City sells any portion of such land to any third
party within ten years after the transfer to the City, which
sale may be made without the foregoing use restrictions,
any proceeds received by the City in connection with such
sale, minus the demonstrated reasonable costs of conduct-
ing 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 land-
fill 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 pur-
chased under the Agreement and Modification, as amend-
ed, 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 de-
scribed above. The deed to the City shall contain a clause
providing that, if any of the proceeds referred to in clause
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(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 re-
vert 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 ac-
knowledgement 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 afore-
mentioned Sale Parcel from the proceeds collected upon
the closing of any portion of the Sale Parcel purchased
by the contract purchaser under the Agreement and Modi-
fication, as amended.
SEC. 8071. Notwithstanding any other provision of
law, the Secretary of Defense may, when he considers it
in the best interest of the United States, cancel any part
of an indebtedness, up to $2,500, that is or was owed to
the United States by a member or former member of a
uniformed service if such indebtedness, as determined by
the Secretary, was incurred in connection with Operation
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Desert Shield/Storm: Provided, That the amount of an in-
debtedness previously paid by a member or former mem-
ber and cancelled under this section shall be refunded to
the member.
SEC. 8072. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the
next fiscal year to the extent, and for the purposes, pro-
vided in section 2865 of title 10, United States Code.
SEC. 8073. During the current fiscal year, voluntary
separation incentives payable under 10 U.S.C. 1175 may
be paid in such amounts as are necessary from the assets
of the Voluntary Separation Incentive Fund established by
section 1175(h)(1).
(INCLUDING TRANSFER OF FUNDS)
SEC. 8074. Amounts deposited during fiscal years
1993 and 1994 to the special account established under
40 U.S.C. 485(h)(2) and to the special account established
under 10 U.S.C. 2667(d)(1) are appropriated and shall
be available until transferred by the Secretary of Defense
to current applicable appropriations or funds of the De-
partment of Defense under the terms and conditions speci-
fied by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.
2667(d)(1)(B), to be merged with and to be available for
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the same time period and the same purposes as the appro-
priation to which transferred.
SEC. 8075. In order to maintain an electric furnace
capacity in the United States, preference for the purchase
of chromite ore and manganese ore authorized for disposal
from the National Defense Stockpile shall be given to do-
mestic producers of high carbon ferrochromium and high
carbon ferromanganese—
(A) whose primary output during the three pre-
ceding 
years 
has 
been 
ferrochromium 
or
ferromanganese; and
(B) who guarantee to use the chromite and
manganese ore for domestic purposes.
SEC. 8076. During the current fiscal year, none of
the funds available to the Department of Defense may be
used to procure or acquire (1) defensive handguns or de-
fensive handgun ammunition unless such handguns or
handgun ammunition are the M9 9mm Department of De-
fense standard handgun or ammunition for such hand-
guns, or (2) offensive handguns and ammunition except
for the Special Operations Forces.
SEC. 8077. During the current fiscal year, appropria-
tions available to the Department of Defense may be used
to reimburse a member of a reserve component of the
Armed Forces who is not otherwise entitled to travel and
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transportation allowances and who occupies transient gov-
ernment housing while performing active duty for training
or inactive duty training: Provided, That such members
may be provided lodging in kind if transient government
quarters are unavailable as if the member was entitled to
such allowances under subsection (a) of section 404 of title
37, United States Code: Provided further, That if lodging
in kind is provided, any authorized service charge or cost
of such lodging may be paid directly from funds appro-
priated for operation and maintenance of the reserve com-
ponent of the member concerned.
SEC. 8078. For fiscal year 1994, the total amount
appropriated to fund the Uniformed Services Treatment
Facilities program, operated pursuant to section 911 of
Public Law 97–99 (42 U.S.C. 248c), is limited to
$291,000,000, of which not more than $265,000,000 may
be provided by the funds appropriated by this Act.
SEC. 8079. None of the funds available in this Act
may be used to support in any manner, including travel
or other related expenses, the ‘‘Tailhook Association’’:
Provided, That investigations by the Secretary of the Navy
or consultation with the Tailhook Association are not pro-
hibited by this provision.
SEC. 8080. During the current fiscal year and there-
after, from funds available to the Department of Defense,
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the Director of the Air National Guard shall operate a
Command, Control, Communications and Intelligence
planning office manned by three full-time Air Guard offi-
cers in the rank of O–6, O–5, and O–4: Provided, That
these officers shall be in addition to the strengths author-
ized in section 524 of title 10, United States Code.
SEC. 8081. None of the funds appropriated in this
Act or made available to the Department of Defense and
deposited into the Pentagon Reservation Maintenance Re-
volving Fund may be used for the purpose of constructing
a Pentagon Maintenance Facility, a Logistics Support Ex-
tension, or any other building not an integral part of the
present Pentagon building.
SEC. 8082. The President shall include with each
budget for a fiscal year submitted to the Congress under
section 1105 of title 31, United States Code, materials
that shall identify clearly and separately the amounts re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military
departments, and the Defense Agencies.
SEC. 8083. None of the funds available to the De-
partment of Defense may be obligated or expended for
construction of Ground Wave Emergency Network
(GWEN) sites in Fiscal Year 1994.
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SEC. 8084. The $15,000,000 made available in sec-
tion 9088 of the Department of Defense Appropriations
Act, 1993 (Public Law 102–396) for payment of claims
to United States military and civilian personnel for dam-
ages incurred as a result of the volcanic eruption of Mount
Pinatubo in the Philippines, shall remain available for ob-
ligation until September 30, 1994, notwithstanding sec-
tion 9003 of that Act.
(TRANSFER OF FUNDS)
SEC. 8085. In addition to any other transfer author-
ity contained in this Act, $100,000,000 appropriated in
this Act under the heading ‘‘Operation and Maintenance,
Defense-Wide’’ may be transferred to appropriations con-
tained in this Act which are available for the payment of
civilian voluntary separation incentives, to be merged with
and to be available for the same purposes and for the same
time period as the appropriations to which transferred.
SEC. 8086. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act
of 1991, (Public Law 101–510; 10 U.S.C. 2687 note)
shall be available until expended for the payments speci-
fied by section 2921(c)(2) of that Act.
SEC. 8087. During the current fiscal year, annual
payments granted under the provisions of section 4416 of
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the National Defense Authorization Act for fiscal year
1993 (Public Law 102–428; 106 Stat. 2714) shall be
made from appropriations in this Act which are available
for the pay of reserve component personnel.
SEC. 8088. None of the funds appropriated by this
Act may be used to relocate the 116th Fighter Wing of
the Air National Guard from Dobbins Air Reserve Base
to Robins Air Force Base, or to convert that wing from
F–15A aircraft to B–1B aircraft.
SEC. 8089. (a) IN GENERAL.—Subject to subsection
(b), the Secretary of the Army may release, discharge,
waive, and quitclaim all right, title, and interest which the
United States may have by virtue of the quitclaim deed
dated June 18, 1956, in and to approximately 6.89 acres
of real property, with improvements thereon, in Harris
County, Texas.
(b) CONDITION.—The Secretary may carry out sub-
section (a) only after obtaining satisfactory assurances
that the State of Texas shall obtain, in exchange for the
real property referred to in subsection (a), a tract of real
property—
(1) which is at least equal in value to the real
property referred to in subsection (a), and
(2) which shall be, on the date on which the
State obtains it, subject to the same restrictions and
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covenants with respect to the Federal Government
as are applicable on the date of the enactment of
this Act to the real property referred to in sub-
section (a).
(c) LEGAL DESCRIPTION OF REAL PROPERTY.—The
exact acreage and legal description of the real property
referred to in subsection (a) shall be based upon surveys
that are satisfactory to the Secretary.
SEC. 8090. None of the funds appropriated by this
Act shall be used to procure aircraft fuel cells unless the
fuel cells are produced or manufactured in the United
States by a domestic-owned and domestic-operated entity:
Provided, That the Secretary of the military department
responsible for the procurement may waive this restriction
on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Represent-
atives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements
on a timely basis and that such an acquisition must be
made in order to acquire capability for national security
purposes.
SEC. 8091. (a) Notwithstanding any other provision
of law, not less than $750,000 of the funds appropriated
under the heading ‘‘Operation and Maintenance, Army’’
in title II of this Act shall be made available until ex-
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pended to conduct a demonstration program involving the
Army Senior Reserve Officers’ Training Corps battalion
at Indiana University-Northwest and Army Junior Re-
serve Officers’ Training Corps units near the University.
The purpose of the program shall be to encourage minor-
ity students in secondary educational institutions to con-
tinue their education.
(b) Under the program, Senior Reserve Officers’
Corps cadets may serve as mentors and tutors for students
in Junior Reserve Officers’ Corps units. Cadets and stu-
dents may participate in combined activities, including
summer camps, field training, and other traditional mili-
tary activities.
(c) Senior Reserve Officers’ Corps cadets who serve
as mentors and tutors may be paid a stipend.
(d) After a cadet has satisfactorily served in the pro-
gram, under criteria established by the Secretary of the
Army and for a period of time determined by the Sec-
retary, the cadet may be provided financial assistance tui-
tion, books, laboratory fees, and similar educational ex-
penses if the cadet continues to serve satisfactorily in the
program.
SEC. 8092. During the current fiscal year, appropria-
tions which are available to the Department of Defense
for operation and maintenance may be used to purchase
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items having an investment item unit cost of not more
than $50,000.
SEC. 8093. None of the funds appropriated by this
Act shall be available for direct or indirect support of the
joint Department of Defense/Department of Energy Safe-
guard C contingent nuclear testing program.
SEC. 8094. In connection with procurements of petro-
leum products made by the Department of Defense with
appropriated funds, the Secretary shall consider all quali-
fied bids from any eligible country under the Caribbean
Basin Economic Recovery Act which is hereby deemed a
designated country pursuant to 19 U.S.C. 2511(b).
SEC. 8095. During the current fiscal year, appropria-
tions available for the pay and allowances of active duty
members of the Armed Forces shall be available to pay
the retired pay which is payable pursuant to section 4403
of Public Law 102–484 (10 U.S.C. 1293 note) under the
terms and conditions provided in section 4403.
SEC. 8096. None of the funds appropriated in this
Act may be used to pay the salaries of more than two
Senior Executive Service positions within the Office of the
Assistant Secretary of the Army for Civil Works: Provided,
That the individuals in these positions may not be com-
pensated at a rate higher than level three of the Senior
Executive Service.
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SEC. 8097. (a) During the current fiscal year, none
of the appropriations or funds available to the Defense
Business Operations Fund shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the cur-
rent fiscal year or a subsequent fiscal year to customers
of the Defense Business Operations Fund if such an item
would not have been chargeable to the Defense Business
Operations Fund during fiscal year 1993 and if the pur-
chase of such an investment item would be chargeable dur-
ing the current fiscal year to appropriations made to the
Department of Defense for procurement.
(b) The fiscal year 1995 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 1995
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be
budgeted for in a proposed fiscal year 1995 procurement
appropriation and not in the supply management business
area or any other area or category of the Defense Business
Operations Fund.
SEC. 8098. (a) The prohibition in section 133(a)(2)
of the National Defense Authorization Act for fiscal years
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1990 and 1991 (Public Law 101–189; 103 Stat. 1383)
does not apply to the obligation of funds in amounts not
to exceed $216,000,000 for the procurement of not more
than 36 OH–58D Scout aircraft from funds appropriated
in title III of this Act.
(b) The prohibition in section 132(a)(2) of the Na-
tional Defense Authorization Act for 1990 and 1991 (Pub-
lic Law 101–189; 103 Stat. 1383) does not apply to the
obligation 
of 
funds 
in 
amounts 
not 
to 
exceed
$368,430,000 for the procurement of not more than 24
AH–64 aircraft from funds appropriated in title III of this
Act.
SEC. 8099. (a) FINDINGS.—The Congress finds
that—
(1) the United States Government has not
made adequate efforts to seek the payment of com-
pensation by the government of Peru for the death
and injuries to United States military personnel re-
sulting from the attack by aircraft of the military
forces of Peru on April 24, 1992, against a United
States Air Force C–130 aircraft operating off the
coast of Peru; and
(2) in failing to make such efforts adequately,
the United States Government has failed in its obli-
gation to support the servicemen and their families
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involved in the incident and generally to support
members of the Armed Forces carrying out missions
on behalf of the United States.
(b) SEMIANNUAL REPORT.—The Secretary of De-
fense shall submit a report to Congress on December 1
and June 1 of each year on the efforts made by the Gov-
ernment of the United States during the preceding six-
month period to seek the payment of fair and equitable
compensation by the Government of Peru (1) to the survi-
vors of Master Sergeant Joseph Beard, Jr., United States
Air Force, who was killed in the attack described in sub-
section (a), and (2) to the other crew members who were
wounded in the attack and survived.
(c) TERMINATION OF REPORT REQUIREMENT.—The
requirement in subsection (b) shall terminate upon certifi-
cation by the Secretary of Defense to Congress that the
Government of Peru has paid fair and equitable com-
pensation as described in subsection (b).
SEC. 8100. Notwithstanding any other provision of
law or regulation, the Department of Defense is directed
to use available off the shelf, nondevelopmental items in
filling small craft and small boat requirements when at
all possible.
SEC. 8101. No part of the funds in this Act shall
be available to prepare or present a request to the Com-
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mittees on Appropriations for reprogramming of funds,
unless for higher priority items, based on unforeseen mili-
tary requirements, than those for which originally appro-
priated and in no case where the item for which
reprogramming is requested has been denied by the Con-
gress.
SEC. 8102. None of the funds appropriated by this
Act shall be available for payment of the compensation
of personnel assigned to or serving in the National For-
eign Intelligence Program in excess of 96 percent of such
personnel actually assigned to or serving in the National
Foreign Intelligence Program on September 30, 1992:
Provided, That in making any reduction in the number
of such personnel that may be required pursuant to this
section, the percentage of reductions to Senior Intelligence
Service positions shall be equal to or exceed the percentage
of reductions to non-Senior Intelligence Service positions:
Provided further, That in making any reduction in the
number of such personnel that may be required pursuant
to this section, the percentage of reductions to positions
in the National Capital Region shall be equal to or exceed
the percentage of reductions to positions outside of the
National Capital Region.
SEC. 8103. None of the funds provided by this Act
may be used to pay the salaries of any person or persons
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who authorize the transfer of obligated and deobligated
appropriations into the Reserve for Contingencies of the
Central Intelligence Agency.
SEC. 8104. During the current fiscal year and there-
after, funds appropriated for construction projects of the
Central Intelligence Agency, which are transferred to an-
other Agency for execution, shall remain available until ex-
pended.
SEC. 8105. During the current fiscal year and there-
after, monetary limitations on the purchase price of a pas-
senger motor vehicle shall not apply to vehicles purchased
for intelligence activities conducted pursuant to Executive
Order 12333 or successor orders.
SEC. 8106. None of the funds appropriated by this
Act for programs of the Central Intelligence Agency shall
remain available for obligation beyond the current fiscal
year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until Septem-
ber 30, 1995.
(TRANSFER OF FUNDS)
SEC. 8107. During the current fiscal year and there-
after, no funds may be made available through transfer,
reprogramming, or other means between the Central Intel-
ligence Agency and the Department of Defense for any
intelligence or special activity different from that pre-
viously justified to the Congress unless the Director of
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Central Intelligence or the Secretary of Defense has noti-
fied the House and Senate Appropriations Committees of
the intent to make such funds available for such activity.
SEC. 8108. The classified annex prepared by the
Committee on Appropriations to accompany the report on
the Department of Defense Appropriations Act, 1994 is
hereby incorporated into this Act: Provided, That the
amounts specified in the classified Annex are not in addi-
tion to amounts appropriated by other provisions of this
Act: Provided further, That the President shall provide for
appropriate distribution of the classified Annex, or of ap-
propriate portions of the classified Annex, within the exec-
utive branch of the Government.
SEC. 8109. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence
Program intelligence communications and intelligence in-
formation systems at the Unified and Specified Com-
mands.
SEC. 8110. After March 1, 1994, none of the funds
appropriated by this Act shall be available for any Na-
tional Foreign Intelligence Program: Provided, That this
provision shall not apply for any National Foreign Intel-
ligence Program for which budget exhibits were submitted
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to the House Committee on Appropriations which justifies
in detail all funds requested for ‘‘base’’, ‘‘ongoing’’, and
‘‘new’’ programs for fiscal year 1995.
SEC. 8111. None of the funds appropriated by this
Act shall be available for the planning, programming or
actual movement of any component or function of the De-
fense Mapping Agency Aerospace Center annex from the
St. Louis, Missouri, area.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8112. In addition to amounts appropriated or
otherwise made available by this Act, $21,700,000 is here-
by appropriated to the Department of Defense and shall
be available only for transfer to the United States Coast
Guard for a 2.2 percent pay increase for uniformed mem-
bers.
SEC. 8113. None of the funds appropriated or made
available in this Act shall be obligated or expended for the
performance of depot-level maintenance by the Depart-
ment of Defense unless such activities are conducted in
accordance with section 2466(a) of title 10, United States
Code, as amended by Public Law 102–484.
SEC. 8114. Notwithstanding any other provision of
law, and in accordance with section 2905 of the Defense
Base Closure and Realignment Act of 1990, Public Law
101–510, the Department of Defense shall proceed with
implementation of the 1993 Defense Base Closure and Re-
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alignment Commission recommendation concerning the
consolidation 
of 
tactical 
missile 
maintenance 
at
Letterkenny Army Depot.
SEC. 8115. Notwithstanding any other provision of
law, the Secretary of the Navy shall obligate the funds
appropriated for fiscal years 1992 and 1993 for the USH–
42 Mission Recorder program for the A–6 aircraft.
SEC. 8116. In addition to amounts appropriated else-
where in this Act, $200,000 shall be available only for set-
tlement of claims and interest thereon, associated with
contract numbered N62474–86–C–0253 for construction
of a multipurpose range complex at the Marine Corps Air
Ground Combat Center in Twentynine Palms, California:
Provided, That such settlement shall be made pursuant
to the recommendation of August 19, 1993, of the Comp-
troller General of the United States (case B–230871.3).
SEC. 8117. Notwithstanding any other provision of
law, none of the funds appropriated for fiscal year 1993
and fiscal year 1994 for the DDG–51 destroyer program
shall be obligated or expended for procurement of the ring
laser gyroscope inertial navigation system under a sole
source contract.
SEC. 8118. The Secretary of the Navy shall carry out
the establishment of the Mine Warfare Center of Excel-
lence at the naval station at Ingleside, Texas (including
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ber, 1994 may be made during the period beginning on
October 1, 1994, and ending on the date that is 30 days
after the date on which the payment would otherwise be
required to be made. In determining the amount of any
interest penalty under section 3902 of title 31, United
States Code, for failure to make any such payment, any
period for which the Secretary of Defense, under the pre-
ceding sentence, deferred the required payment date shall
not be taken into account.
(e)(1) The Secretary of Defense shall, on each of the
dates specified in paragraph (2), submit to the Commit-
tees on Appropriations and the Committees on Armed
Services of the Senate and House of Representatives a re-
port on the implementation of this section. Each such re-
port shall include—
(A) an analysis of cumulative obligations and
cumulative expenditures from accounts subject to
the limitation in subsection (a) during the period be-
ginning on October 1, 1993, and ending on the last
day of the month preceding the month in which the
report is to be submitted, including a comparison of
such obligations and expenditures with the relevant
estimates of outlays made by the Office of Manage-
ment and Budget and the Congressional Budget Of-
fice; and
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(B) a description of the specific actions taken
by the Secretary to ensure that the Department of
Defense meets the requirements of subsection (a).
(2) The reports required by paragraph (1) shall be
submitted not later than the following dates in 1994:
January 15, April 15, July 15, September 15, and October
15.
(TRANSFER OF FUNDS)
SEC. 8120. Upon enactment of this Act, the Sec-
retary of Defense shall make the following transfers of
funds: Provided, That the amounts transferred shall be
available for the same purposes as the appropriations to
which transferred, and for the same time period as the
appropriation from which transferred: Provided further,
That the amounts shall be transferred between the follow-
ing appropriations in the amounts specified:
From:
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1990/1994’’:
AOE combat support ship program,
$3,459,000;
To:
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1986/1990’’:
MHC coastal mine hunter program,
$3,459,000;
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From:
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1990/1994’’:
AOE combat support ship program,
$46,000;
Oceanographic 
ship 
program,
$538,000;
For craft, outfitting, post delivery,
and 
ship 
special 
support 
equipment,
$994,000;
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1991/1995’’:
For craft, outfitting, and post deliv-
ery, $3,806,000;
Under the heading, ‘‘Aircraft Procurement,
Navy, 1992/1994’’, $28,710,000;
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1992/1996’’:
DDG–51 
destroyer 
program,
$41,800,000;
For craft, outfitting, and post deliv-
ery, $1,560,000;
Under the heading, ‘‘Weapons Procure-
ment, Navy, 1992/1994’’, $36,000,000;
To:
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Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1988/1992’’:
SSN–688 attack submarine program,
$26,596,000;
CVN nuclear aircraft carrier program,
$83,600,000;
LHD–1 amphibious assault ship pro-
gram, $3,258,000;
From:
Under the heading, ‘‘Aircraft Procurement,
Navy, 1992/1994’’, $28,890,000;
Under the heading, ‘‘Aircraft Procurement,
Navy, 1993/1995’’, $3,400,000;
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1993/1997’’;
Refueling overhauls, $909,000;
DDG–51 
destroyer 
programs,
$14,400,000;
MHC coastal mine hunter program,
$9,343,000;
For craft, outfitting and post delivery,
$27,250,000;
Under the heading, ‘‘Weapons Procure-
ment, Navy, 1993/1995’’, $76,164,000;
To:
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Under the heading, ‘‘Shipbuilding and
Conversion, Navy 1989/1993’’:
TRIDENT ballistic missile submarine
program, $11,655,000;
SSN–688 attack submarine program,
$26,972,000;
SSN–21 attack submarine program,
$40,800,000;
DDG–51 
destroyer 
program,
$71,500,000;
MHC coastal mine hunter program,
$9,429,000;
From:
Under the heading, ‘‘Other Procurement,
Navy, 1993/1995’’, $68,361,000;
Under the heading, ‘‘Research, Develop-
ment, Test and Evaluation, Navy, 1993/1995’’,
$45,000,000;
To:
Under the heading, ‘‘Shipbuilding and
Conversion, Navy 1990/1994’’:
TRIDENT ballistic missile submarine
program, $7,241,000;
DDG–51 
destroyer 
program,
$40,100,000;
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MCM mine countermeasures program,
$7,564,000;
T–AGOS surveillance ship program
$58,456,000;
From:
Under the heading, ‘‘Weapons Procure-
ment, Navy, 1993/1995’’, $24,015,000;
Under the heading, ‘‘Other procurement,
Navy, 1993/1995’’, $102,439,000;
To:
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1991/1995’’:
SSN–21 attack submarine program,
$70,654,000;
DDG–51 
destroyer 
program,
$31,300,000;
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1993/1997’’:
LSD cargo variant ship program,
$24,500,000.
SEC. 8121. None of the funds in this Act are avail-
able for any board, committee, or panel which develops,
sets, defines, or recommends National Foreign Intelligence
Program requirements: Provided, That this provision shall
not apply to any such board, committee, or panel for which
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a majority of the members are not career intelligence or
cryptologic professionals.
SEC. 8122. The Departments of Defense and Air
Force are directed to obligate, no later than thirty days
after enactment of this Act, the $55,500,000 appropriated
for research and development in Public Law 102–396 only
for the continuance of the Space Nuclear Thermal Propul-
sion Program.
SEC. 8123. The Secretary of Defense and the Direc-
tor of Central Intelligence shall deliver, in conjunction
with the fiscal year 1995 budget request, a report provid-
ing the following information about all research and devel-
opment projects involving the implementation, monitoring,
or verification of current and projected international arms
control agreements: (a) annual and total budgets, goals,
schedules, and priorities; (b) relationships among related
projects being funded by the Department of Defense, the
National Foreign Intelligence Program, and other depart-
ments and agencies of the Federal Government; and (c)
comments by the Arms Control and Disarmament Agency
about the relevance of each project to the arms control
priorities of the United States.
SEC. 8124. Notwithstanding any other provision of
law, none of the funds appropriated in this or any other
Act shall be used for the purchase of a totally enclosed
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lifeboat survival system, which consists of the lifeboat and
associated davits and winches, if less than 75 percent of
the entire system’s components are manufactured in the
United States, and if less than 75 percent of the labor
in the manufacture and assembly of the entire system is
performed in the United States.
SEC. 8125. None of the funds appropriated by this
Act may be used (1) to transfer to the United Nations
a facility in the continental United States for use as a
United Nations peacekeeping facility, or (2) for the ren-
ovation of such a facility in preparation for such a trans-
fer.
COMPLIANCE WITH BUY AMERICAN ACT
SEC. 8126. No funds appropriated pursuant to this
Act may be expended by an entity unless the entity agrees
that in expending the assistance the entity will comply
with sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
ican Act’’).
SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE
SEC. 8127. (a) PURCHASE
OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assist-
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ance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of Defense shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
PROHIBITION OF CONTRACTS
SEC. 8128. If it has been finally determined by a
court or Federal agency that any person intentionally af-
fixed a fraudulent label bearing a ‘‘Made in America’’ in-
scription, or any inscription with the same meaning, to
any product sold in or shipped to the United States that
was not made in the United States, such person shall be
ineligible to receive any contract or subcontract made with
funds provided pursuant to this Act, pursuant to the de-
barment, suspension, and ineligibility procedures de-
scribed in section 9.400 through 9.409 of title 48, Code
of Federal Regulations.
RECIPROCITY
SEC. 8129. (a) GENERAL RULE.—Except as provided
in subsection (b), no contract or subcontract may be made
with funds authorized under this Act to a company orga-
nized under the laws of a foreign country unless the Sec-
retary finds that such country affords comparable oppor-
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tunities to companies organized under laws of the United
States.
(b) EXCEPTION.—(1) The Secretary may waive the
rule stated under subsection (a) if the products or services
required are not reasonably available from companies or-
ganized under the laws of the United States. Any such
waiver shall be reported to the Congress.
(2) Subsection (a) shall not apply to the extent that
to do so would violate the General Agreement on Tariffs
and Trade or with any other international agreement to
which the United States is a party.
SEC. 8130. None of the funds appropriated or other-
wise made available by this Act may be used for a defense
technology reinvestment project that is not selected pursu-
ant to the applicable competitive selection and other proce-
dures set forth in chapter 148 of title 10, United States
Code.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 1994’’.
Passed the House of Representatives September 30,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
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