H. R. 3116—42
SEC. 8083. None of the funds available to the Department
of Defense may be obligated or expended for construction of Ground
Wave Emergency Network (GWEN) sites in Fiscal Year 1994.
SEC. 8083A. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to participate
in any manufacturing extension program financed by funds appro-
priated in this or any other Act.
SEC. 8084. The $15,000,000 made available in section 9088
of the Department of Defense Appropriations Act, 1993 (Public
Law 102–396) for payment of claims to United States military
and civilian personnel for damages incurred as a result of the
volcanic eruption of Mount Pinatubo in the Philippines, shall remain
available for obligation until September 30, 1994, notwithstanding
section 9003 of that Act: Provided, That $5,000,000 of the funds
made available by this section shall be available until September
30, 1995 for expenses associated with the construction and modifica-
tion of facilities to support the relocation of military training pro-
grams from installations in the Philippines to sites in the United
States.
(TRANSFER OF FUNDS)
SEC. 8085. In addition to any other transfer authority contained
in this Act, $100,000,000 appropriated in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations contained in this Act which are available for
the payment of civilian voluntary separation incentives, to be
merged with and to be available for the same purposes and for
the same time period as the appropriations to which transferred.
SEC. 8086. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8087. During the current fiscal year, annual payments
granted under the provisions of section 4416 of the National Defense
Authorization Act for fiscal year 1993 (Public Law 102–428; 106
Stat. 2714) shall be made from appropriations in this Act which
are available for the pay of reserve component personnel.
SEC. 8088. None of the funds appropriated by this Act may
be used to relocate the 116th Fighter Wing of the Air National
Guard from Dobbins Air Reserve Base to Robins Air Force Base,
or to convert that wing from F–15A aircraft to B–1B aircraft.
SEC. 8088A. None of the funds available to the Department
of Defense for establishing a Naval East Coast Electronics Engineer-
ing Center may be obligated or expended for the establishment
of such Headquarters at any location other than Charleston, South
Carolina: Provided, That no such funds may be obligated or
expended for the establishment or operation of subordinate detach-
ments at Portsmouth, Virginia, with manning levels or broader
functions than that specifically stated in the 1993 Report to the
President of the Defense Base Closure and Realignment Commis-
sion: Provided further, That no funds may be obligated or expended
for the relocation, alteration or modification of the functions speci-
fied in the 1993 Report to the President of the Defense Base
Closure and Realignment Commission to be maintained at St.
Inigoes, Maryland, including all civilian management, support
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H. R. 3116—43
personnel and management operations associated with these func-
tions that were in existence as of September 20, 1993.
SEC. 8089. (a) IN GENERAL.—Subject to subsection (b), the
Secretary of the Army may release, discharge, waive, and quitclaim
all right, title, and interest which the United States may have
by virtue of the quitclaim deed dated June 18, 1956, in and to
approximately 6.89 acres of real property, with improvements
thereon, in Harris County, Texas.
(b) CONDITION.—The Secretary may carry out subsection (a)
only after obtaining satisfactory assurances that the State of Texas
shall obtain, in exchange for the real property referred to in sub-
section (a), a tract of real property—
(1) which is at least equal in value to the real property
referred to in subsection (a), and
(2) which shall be, on the date on which the State obtains
it, subject to the same restrictions and covenants with respect
to the Federal Government as are applicable on the date of
the enactment of this Act to the real property referred to
in subsection (a).
(c) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage
and legal description of the real property referred to in subsection
(a) shall be based upon surveys that are satisfactory to the Sec-
retary.
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-
operated entity: Provided, That the Secretary of the military depart-
ment 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 Depart-
ment of Defense requirements on a timely basis and that such
an acquisition must be made in order to acquire capability for
national security purposes.
SEC. 8090A. None of the funds available to the Department
of the Air Force shall be available to establish or support any
organic depot maintenance support activity for the B–2 bomber
until the Under Secretary of Defense, Acquisition reviews the exist-
ing infrastructure for the private sector and Air Force Depot support
and maintenance of the B–2 and reports to the Congressional
Defense Committees no later than May 15, 1994, the most efficient
and cost effective utilization of both public and private facilities
to support the B–2.
SEC. 8091. (a) Notwithstanding any other provision of law,
not less than $750,000 of the funds appropriated under the heading
‘‘Operation and Maintenance, Army’’ in title II of this Act shall
be made available until expended to conduct a demonstration pro-
gram involving the Army Senior Reserve Officers’ Training Corps
battalion at Indiana University-Northwest and Army Junior
Reserve Officers’ Training Corps units near the University. The
purpose of the program shall be to encourage minority students
in secondary educational institutions to continue their education.
(b) Under the program, Senior Reserve Officers’ Corps cadets
may serve as mentors and tutors for students in Junior Reserve
Officers’ Corps units. Cadets and students may participate in com-
bined activities, including summer camps, field training, and other
traditional military activities.
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H. R. 3116—44
(c) Senior Reserve Officers’ Corps cadets who serve as mentors
and tutors may be paid a stipend.
(d) After a cadet has satisfactorily served in the program,
under criteria established by the Secretary of the Army and for
a period of time determined by the Secretary, the cadet may be
provided financial assistance tuition, books, laboratory fees, and
similar educational expenses if the cadet continues to serve satisfac-
torily in the program.
SEC. 8092. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $25,000.
SEC. 8093. None of the funds appropriated by this Act shall
be available for direct support of the joint Department of Defense/
Department of Energy Safeguard C contingent nuclear testing pro-
gram.
SEC. 8094. In connection with procurements of petroleum prod-
ucts made by the Department of Defense with appropriated funds,
the Secretary shall consider all qualified bids from any eligible
country under the Caribbean Basin Economic Recovery Act which
is hereby deemed a designated country pursuant to 19 U.S.C.
2511(b).
SEC. 8094A. Of the funds appropriated to the Department of
Defense for Operation and Maintenance, Defense-Wide, not less
than $8,000,000 shall be made available until expended to the
Administration for Native Americans within 90 days of enactment
of this Act only for the mitigation of environmental impacts, includ-
ing the gathering of information, documenting of environmental
damage, and developing a system for prioritization of mitigation,
on Indian lands resulting from Department of Defense activities.
SEC. 8095. During the current fiscal year, appropriations avail-
able for the pay and allowances of active duty members of the
Armed Forces shall be available to pay the retired pay which
is payable pursuant to section 4403 of Public Law 102–484 (10
U.S.C. 1293 note) under the terms and conditions provided in
section 4403.
(TRANSFER OF FUNDS)
SEC. 8096. In addition to the amounts appropriated or otherwise
made available by this Act, $25,000,000 is hereby appropriated
to the Department of Defense and shall be available only for transfer
to the National Park Service, of which: $10,000,000 shall be avail-
able to repair and rehabilitate military structures transferred from
the Department of Defense to the National Park Service as part
of the Golden Gate National Recreation Area; $10,000,000 shall
be available to convert and rehabilitate military structures at Fort
Wadsworth for National Park Service’s purposes; and $5,000,000
shall be available for cultural cyclic resource programs within the
National Park Service system: Provided, That these funds shall
remain available for obligation until September 30, 1995.
SEC. 8097. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business Oper-
ations Fund shall be used for the purchase of an investment item
for the purpose of acquiring a new inventory item for sale or
anticipated sale during the current fiscal year or a subsequent
fiscal year to customers of the Defense Business Operations Fund
if such an item would not have been chargeable to the Defense
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H. R. 3116—45
Business Operations Fund during fiscal year 1993 and if the pur-
chase of such an investment item would be chargeable during
the current fiscal year to appropriations made to the Department
of Defense for procurement.
(b) The fiscal year 1995 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1995 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 1995 procurement appropriation
and not in the supply management business area or any other
area or category of the Defense Business Operations Fund.
SEC. 8098. None of the funds provided in this Act shall be
available for use by a Military Department to modify an aircraft,
weapon, ship or other item of equipment, that the Military Depart-
ment concerned plans to retire or otherwise dispose of within five
years after completion of the modification: Provided, That this
prohibition shall not apply to safety modifications: Provided further,
That this prohibition may be waived by the Secretary of a Military
Department if the Secretary determines it is in the best national
security interest of the country to provide such waiver and so
notifies the congressional defense committees in writing.
SEC. 8099. (a) FINDINGS.—The Congress finds that—
(1) the United States Government has not made adequate
efforts to seek the payment of compensation by the government
of Peru for the death and injuries to United States military
personnel resulting from the attack by aircraft of the military
forces of Peru on April 24, 1992, against a United States
Air Force C–130 aircraft operating off the coast of Peru; and
(2) in failing to make such efforts adequately, the United
States Government has failed in its obligation to support the
servicemen and their families involved in the incident and
generally to support members of the Armed Forces carrying
out missions on behalf of the United States.
(b) SEMIANNUAL REPORT.—The Secretary of Defense shall sub-
mit a report to Congress on December 1 and June 1 of each
year on the efforts made by the Government of the United States
during the preceding six-month period to seek the payment of
fair and equitable compensation by the Government of Peru (1)
to the survivors of Master Sergeant Joseph Beard, Jr., United
States Air Force, who was killed in the attack described in 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 certification by the Secretary
of Defense to Congress that the Government of Peru has paid
fair and equitable compensation as described in subsection (b).
SEC. 8099A. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of Colum-
bia, within the District of Columbia, in which the military installa-
tion is located: Provided, That in a case in which the military
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