HR 3116 EAS
terials and which has not been certified as passing the secu-
rity lock specifications contained in regulation FF–L–2740
dated October 12, 1989, and has not passed all testing cri-
teria and procedures established through February 28,
1992.
Ω143æPage 69, strike out all after line 21 over to and
including line 2 on page 71 and insert:
SEC. 8030. None of the funds available to the Depart-
ment of the Navy may be used to enter into any contract
for the overhaul, repair, or maintenance of any naval vessel
homeported on the West Coast of the United States which
includes charges for interport differential as an evaluation
factor for award.
Ω144æPage 73, strike out all after line 16 over to and
including line 10 on page 75
Ω145æPage 75, after line 10 insert:
SEC. 8035. Such sums as may be necessary for fiscal
year 1994 pay raises for programs funded by this Act shall
be derived from funds within the amounts appropriated in
this Act.
Ω146æPage 78, line 19, strike out øthe Letterman Army
Institute of Research¿ and insert: any Army Research
Laboratory
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Ω147æPage 79, strike out all after line 16 over to and
including line 4 on page 80 and insert:
SEC. 8046. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
in fiscal year 1994 for construction or service performed
in whole or in part in a State which is not contiguous with
another State and has an unemployment rate in excess of
the national average rate of unemployment as determined
by the Secretary of Labor shall include a provision requir-
ing the contractor to employ, for the purpose of performing
that portion of the contract in such State that is not contig-
uous with another State, individuals who are residents of
such State and who, in the case of any craft or trade, pos-
sess or would be able to acquire promptly the necessary
skills: Provided, That the Secretary of Defense may waive
the requirements of this section in the interest of national
security.
Ω148æPage 82, strike out lines 9 to 18 and insert:
SEC. 8051. Notwithstanding any other provision of
law, a qualified Indian Tribal or Alaska Native Corpora-
tion which enters into a joint venture with a qualified small
business concern shall not be denied the opportunity to com-
pete for and be awarded a procurement contract to supply
a product under the program provided for by section 2323
of title 10, United States Code, solely because the Indian
HR 3116 EAS
Tribal or Alaska Native Corporation is not the actual man-
ufacturer or processor of the product to be supplied.
Ω149æPage 82, line 20, strike out ø$11,679,000¿ and
insert: $10,596,000
Ω150æPage 82, line 21, strike out ø$4,642,000¿ and in-
sert: $4,471,000
Ω151æPage 84, strike out lines 13 to 24 and insert:
SEC. 8056. Notwithstanding any other provision of
law, in addition to the funds made available elsewhere in
this Act to the Department of the Navy, $60,000,000 to re-
main available until expended, shall be made available only
for obligations incurred in the conveyance, clean-up, and
restoration of Kaho’olawe Island.
Ω152æPage 85, strike out lines 14 to 25 and insert:
SEC. 8059. Of the funds made available by this Act
in title III, Procurement, $8,000,000, drawn pro rata from
each appropriations account in title III, shall be available
for incentive payments authorized by section 504 of the In-
dian Financing Act of 1974, 25 U.S.C. 1544. These pay-
ments shall be available only to contractors which have sub-
mitted subcontracting plans pursuant to 15 U.S.C.
637(d)(4)(B), and according to regulations which shall be
promulgated by the Secretary of Defense within 90 days
of the passage of this Act.
HR 3116 EAS
Ω153æPage 86, line 17, strike out øsuch appropriations
as necessary¿ and insert: $20,000,000,
Ω154æPage 88, after line 17, insert:
(c) Notwithstanding any other provision of law, of the
amounts available to the Department of Defense during fis-
cal year 1994, not more than $1,352,650,000 may be obli-
gated for financing activities of federally funded research
and development centers.
(d) The total amount appropriated for research, devel-
opment, test and evaluation by this Act is hereby reduced
by $200,000,000 to reflect the obligation limitation con-
tained in subsection (c).
Ω155æPage 88, strike out all after line 17 over to and
including line 18 on page 90 and insert:
SEC. 8065. None of the funds available to the Depart-
ment of Defense during the current fiscal year may be obli-
gated or expended to develop for aircraft or helicopter weap-
ons systems an airborne instrumentation system for flight
test data acquisition, or to develop or implement modifica-
tions to an existing airborne instrumentation system, other
than the Common Airborne Instrumentation System under
development in the Central Test and Evaluation Investment
Development program element funded in the ‘‘Developmen-
tal Test and Evaluation, Defense’’ appropriations account.
HR 3116 EAS
SEC. 8066. None of the unobligated balances available
in the National Defense Stockpile Transaction Fund during
the current fiscal year may be obligated or expended to fi-
nance any grant or contract to conduct research, develop-
ment, test and evaluation activities for the development or
production of advanced materials, unless amounts for such
purposes are specifically appropriated in a subsequent ap-
propriations Act.
Ω156æPage 92, strike out all after line 21 over to and
including line 18 on page 95 and insert:
SEC. 8070. Notwithstanding any other provision of
law, any statutorily-required analysis of the impact on the
defense technology and industrial base of terminations and
significant reductions of major research and development
programs and procurement programs of the Department of
Defense shall address only those actions recommended by
the Defense Department in its annual budget request and
amendments thereto, supplemental requests, or proposed re-
scissions.
Ω157æPage 97, strike out lines 3 to 13 and insert:
SEC. 8075. None of the funds in this or any other Act
shall be available for the preparation of studies on—
(a) the feasibility of removal and transportation
of unitary chemical weapons from the eight chemical
storage sites within the continental United States:
HR 3116 EAS
Provided, That this prohibition shall not apply to
non-stockpile material in the United States or to
studies needed for environmental analysis required by
the National Environmental Policy Act; and
(b) the potential future uses of the nine chemical
disposal facilities other than for the destruction of
stockpile chemical munitions and as limited by sec-
tion 1412(c)(2), Public Law 99–145: Provided, That
this prohibition does not apply to future use studies
for the CAMDS facility at Tooele, Utah.
Ω158æPage 99, line 11, strike out øFacility,¿ and insert:
Facility or
Ω159æPage 99, lines 12 and 13, strike out ø, or any
other building not an integral part of the present Penta-
gon building¿
Ω160æPage 99, strike out lines 22 to 25
Ω161æPage 99, after line 25 insert:
SEC. 8083. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eligi-
ble to participate in any manufacturing extension program
financed by funds appropriated in this or any other Act.
Ω162æPage 100, line 8, after ‘‘Act’’ insert: : Provided
further, That $5,000,000 of the funds made available by this
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section shall be available until September 30, 1995 for ex-
penses associated with the construction and modification of
facilities to support the relocation of military training pro-
grams from installations in the Philippines to sites in the
United States
Ω163æPage 101, strike out lines 5 to 9 and insert:
SEC. 8088. None of the funds available to the Depart-
ment of Defense for establishing a Naval East Coast Elec-
tronics Engineering Center may be obligated or expended
for the establishment of such Headquarters at any location
other than Charleston, South Carolina: Provided, That no
such funds may be obligated or expended for the establish-
ment or operation of subordinate detachments at St.
Inigoes, Maryland, and Portsmouth, Virginia, with man-
ning levels or broader functions than that specifically stated
in the 1993 Report to the President of the Defense Base
Closure and Realignment Commission.
Ω164æPage 101, strike out all after line 9 over to and
including line 8 on page 102 and insert:
SEC. 8089. (a) Notwithstanding any other provision
of law, funds appropriated under this Act for the Depart-
ment of Defense shall be made available for the Overseas
Workload Program: Provided, That a firm of any member
nation of the North Atlantic Treaty Organization (NATO)
or of any major non-NATO ally or countries in the Euro-
HR 3116 EAS
pean Theater, shall be eligible to bid on any contract for
the maintenance, repair, or overhaul of equipment of the
Department of Defense to be awarded under competitive
procedures as part of the program of the Department of De-
fense known as the Overseas Workload Program.
(b) A contract awarded during fiscal year 1994, or
thereafter, to a firm described in subsection (a) may be per-
formed in the theater in which the equipment is normally
located or in the country in which the firm is located.
(c) For purposes only of this section, Israel shall be
considered in the European Theater in every respect, with
its firms fully eligible for nonrestrictive, nondiscriminatory
contract competition under the Overseas Workload Pro-
gram.
(d) No funds appropriated for the Overseas Workload
Program for fiscal year 1994 or thereafter shall be used for
contracts awarded in fiscal year 1994 or thereafter which
have not been opened for competition in a manner consist-
ent with this provision.
Ω165æPage 102, strike out lines 9 to 21 and insert:
SEC. 8090. None of the funds available to the Depart-
ment of the Air Force shall be available to establish or sup-
port any organic depot maintenance support activity for
the B–2 bomber.
HR 3116 EAS
Ω166æPage 102, strike out all after line 21 over to and
including line 22 on page 103 and insert:
SEC. 8091. (a) Any college, university, or other institu-
tion which has been determined by the Defense Contract
Audit Agency to have overbilled the Federal Government for
indirect costs which are unreasonable, unallowable, or
unallocable under Office of Management and Budget Circu-
lars A–21 and A–133 may not receive from the Department
of Defense, during fiscal year 1994, any grant or contract,
or combination of grants or contracts, which totals the
amount overbilled to the Department of Defense.
(b) The restriction in subsection (a) shall not apply
if, within six months after an official determination of
overbilling—
(1) the institution in question either repays in
full to the United States Treasury the amount
overbilled to the Federal Government, plus interest, or
(2) the Under Secretary of Defense for Acquisi-
tion certifies in writing to Congress that the institu-
tion is no longer liable for such restitution, or that
the dispute has become the subject of formal judicial
review.
(c) The restriction in subsection (a) shall only apply to
any college, university, or other institution which has been
determined by the Defense Contract Audit Agency to have
HR 3116 EAS
overbilled the Federal Government by an amount which
equals or exceeds $15,000,000.
Ω167æPage 104, line 2, strike out ø$50,000¿ and insert:
$25,000
Ω168æPage 104, line 4, strike out øor indirect¿
Ω169æPage 104, strike out lines 7 to 12 and insert:
SEC. 8094. Of the funds appropriated to the Depart-
ment of Defense for Operation and Maintenance, Defense-
Wide, not less than $8,000,000 shall be made available until
expended to the Administration for Native Americans with-
in 90 days of enactment of this Act only for the mitigation
of environmental impacts, including the gathering of infor-
mation, documenting of environmental damage, and devel-
oping a system for prioritization of mitigation, on Indian
lands resulting from Department of Defense activities.
Ω170æPage 104, strike out lines 19 to 25 and insert:
SEC. 8096. None of the funds available to the Depart-
ment of Defense shall be used for the training or utilization
of psychologists in the prescription of drugs, except pursu-
ant to the findings and recommendations of the Army Sur-
geon General’s Blue Ribbon Panel as specified in its Feb-
ruary and August 1990 meeting minutes.
Ω171æPage 105, strike out lines 1 to 23 and insert:
HR 3116 EAS
SEC. 8097. During the current fiscal year, obligations
against the stock funds of the Department of Defense may
not be incurred in excess of 70 percent of sales from such
stock funds during the current fiscal year: Provided, That
in determining the amount of obligations against, and sales
from the stock funds, obligations and sales for fuel, subsist-
ence, commissary items, retail operations, the cost of oper-
ations, and repair of spare parts shall be excluded: Provided
further, That upon a determination by the Secretary of De-
fense that such action is critical to the national security
of the United States, the Secretary may waive the provi-
sions of this section: Provided further, That if the provisions
of this section are waived, the Secretary shall immediately
notify the Congress of the waiver and the reasons for such
a waiver.
Ω172æPage 105, strike out all after line 23 over to and
including line 12 on page 106 and insert:
SEC. 8098. None of the funds provided in this Act shall
be available for use by a Military Department to modify
an aircraft, weapon, ship or other item of equipment, that
the Military Department concerned plans to retire or other-
wise dispose of within five years after completion of the
modification: Provided, That this prohibition shall not
apply to safety modifications: Provided further, That this
prohibition may be waived by the Secretary of a Military
HR 3116 EAS
Department if the Secretary determines it is in the best na-
tional security interest of the country to provide such waiv-
er and so notifies the congressional defense committees in
writing.
Ω173æPage 107, after line 18, insert:
SEC. 8099A. None of the funds appropriated by this
Act shall be used for the support of any nonappropriated
funds activity of the Department of Defense that procures
malt beverages, wine and cigarettes 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, wine and cigarettes are
procured within that State, or in the case of the District
of Columbia, within the District of Columbia, in which the
military installation is located: Provided, That in a case
in which the military installation is located in more than
one State, purchases may be made in any State in which
the installation is located: Provided further, That such local
procurement requirements for malt beverages, wine and
cigarettes shall apply to all alcoholic beverages and ciga-
rettes only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, and
cigarettes, in contiguous States and the District of Colum-