H. R. 3116—46
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. 8100. Notwithstanding any other provision of law or regu-
lation, 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 Committees on Appropriations
for reprogramming of funds, unless for higher priority items, based
on unforeseen military requirements, than those for which originally
appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress.
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 Foreign 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 mak-
ing 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. 8102A. (a) Of the amounts available to the Department
of Defense for fiscal year 1994, not less than $10,000,000 shall
be available for National Defense Science and Engineering Graduate
Fellowships to be awarded on a competitive basis by the Secretary
of Defense to United States citizens or nationals pursuing advanced
degrees in fields of primary concern and interest to the Department.
(b) Fellowships awarded pursuant to subsection (a) above shall
not be restricted on the basis of the geographical locations in
the United States of the institutions at which the recipients are
pursuing the aforementioned advanced degrees.
(c) Not less than 50 per centum of the funds necessary to
carry out this section shall be derived from the amounts available
for the University Research Initiatives Program in ‘‘Research, Devel-
opment, Test and Evaluation, Defense-Wide’’, and the balance nec-
essary shall be derived from amounts available for Defense Research
Sciences under title IV of this Act.
SEC. 8103. None of the funds provided by this Act may be
used to pay the salaries of any person or persons 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 thereafter, funds
appropriated for construction projects of the Central Intelligence
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H. R. 3116—47
Agency, which are transferred to another Agency for execution,
shall remain available until expended.
SEC. 8105. During the current fiscal year and thereafter, mone-
tary limitations on the purchase price of a passenger motor vehicle
shall not apply to vehicles purchased for intelligence activities con-
ducted 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 appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 1995.
(TRANSFER OF FUNDS)
SEC. 8107. During the current fiscal year and thereafter, no
funds may be made available through transfer, reprogramming,
or other means between the Central Intelligence Agency and the
Department of Defense for any intelligence or special activity dif-
ferent from that previously justified to the Congress unless the
Director of Central Intelligence or the Secretary of Defense has
notified 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 addition to amounts appropriated by other provi-
sions of this Act: Provided further, That the President shall provide
for appropriate distribution of the classified Annex, or of appropriate
portions of the classified Annex, within the executive branch of
the Government.
SEC. 8109. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8110. 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 Defense Mapping Agency Aero-
space Center annex from the St. Louis, Missouri, area.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8111. In addition to amounts appropriated or otherwise
made available by this Act, $21,700,000 is hereby 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 members.
SEC. 8112. 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 Realignment Commission recommendation
concerning the consolidation of tactical missile maintenance at
Letterkenny Army Depot.
SEC. 8113. In addition to amounts appropriated elsewhere in
this Act, $200,000 shall be available only for settlement of claims
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H. R. 3116—48
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 Comptroller
General of the United States (case B–230871.3): Provided further,
That such settlement shall be accomplished within thirty days
of enactment of this Act.
SEC. 8114. 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. 8115. The Secretary of the Navy shall carry out the
establishment of the Mine Warfare Center of Excellence at the
naval station at Ingleside, Texas (including the establishment of
all subordinate units and the relocation of Navy mine warfare
forces), in accordance with the schedule of the Navy for the
establishment of such center and without regard to any alteration
in that schedule that would otherwise be required pursuant to
any other provision of law enacted during the first session of the
103d Congress that applies specifically to the construction and
operation of that center or to the relocation of Navy mine warfare
forces to Ingleside, Texas.
SEC. 8115A. None of the funds appropriated by this Act shall
be used to begin closing a military treatment facility unless the
Secretary of Defense notifies the Committees on Appropriations
of the House of Representatives and the Senate ninety days prior
to such action.
SEC. 8116. Unobligated balances of the funds appropriated in
Public Law 102–172 and Public Law 102–396 under the headings
‘‘World University Games’’, ‘‘Summer Olympics’’ and ‘‘World Cup
USA 1994’’ in title II of those Acts shall, notwithstanding any
other section of those Acts, remain available for obligation until
September 30, 1995.
SEC. 8116A. Notwithstanding any other provision of law,
reimbursements received from the North Atlantic Treaty Organiza-
tion for the E–3 Airborne Warning and Control System (AWACS)
Radar System Improvement Program (RSIP) attributable to devel-
opment work for fiscal years 1987 through 1992 shall be available
to the Air Force until September 30, 1994, for meeting that service’s
financial commitments for the AWACS RSIP.
SEC. 8117. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or provide
for the transportation of chemical munitions to the Johnston Atoll
for the purpose of storing or demilitarizing such munitions.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection
(a) during a period of war in which the United States is a party.
SEC. 8118. None of the funds available to the Department
of Defense may be used to support the relocation of P–3 aircraft
squadrons or other aircraft or units from the Naval Air Station
at Barbers Point, Hawaii unless such relocation was specifically
stated in the 1993 Report to the President of the Defense Base
Closure and Realignment Commission.
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H. R. 3116—49
SEC. 8119. The Secretary of Defense is authorized to use, for
foreign military sales otherwise authorized under Chapter 39, title
22, United States Code, or for transfer to United States Army,
Army National Guard, or Army Reserves, articles and services
procured for the implementation of the Italian air defense agree-
ments: Provided, That the term ‘‘Italian air defense agreements’’
has the meaning given such term in section 1050 of Public Law
102–190 (105 Stat. 1469): Provided further, That upon notification
of the Government of the United States by the Government of
Italy of its desire to withdraw from the Italian air defense agree-
ment or 180 days from the enactment of this Act, section 1050
of Public Law 102–190 (105 Stat. 1469) is repealed.
SEC. 8119A. Notwithstanding any other provision of law, funds
and credits received from the contractor under contract warranties
for the failure of the first ultra high frequency follow-on satellite
shall no longer be available for a replacement ultra high frequency
satellite but shall be made available to finance a replacement
extremely high frequency satellite and its launch.
(TRANSFER OF FUNDS)
SEC. 8120. Upon enactment of this Act, the Secretary 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 fur-
ther, That the amounts shall be transferred between the following
appropriations in the amounts specified:
From:
Under the heading, ‘‘Research, Development, Test and
Evaluation, Navy, 1993/1994’’, $3,459,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1986/1990’’:
MHC coastal mine hunter program, $3,459,000;
From:
Under the heading, ‘‘Research, Development, Test and
Evaluation, Navy, 1993/1994’’, $42,936,000;
Under the heading, ‘‘Research, Development, Test and
Evaluation, Air Force, 1993/1994’’, $55,500,000;
Under the heading, ‘‘Aircraft Procurement, Navy, 1992/
1994’’, $8,000,000;
Under the heading, ‘‘National Guard and Reserve
Equipment, 1992/1994’’, $3,400,000;
Under the heading, ‘‘National Guard and Reserve
Equipment, 1993/1995’’, $3,618,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1988/1992’’:
SSN–688 attack submarine program, $26,596,000;
CVN nuclear aircraft carrier program, $83,600,000;
LHD–1 
amphibious 
assault 
ship 
program,
$3,258,000;
From:
Under the heading, ‘‘Aircraft Procurement, Navy, 1992/
1994’’, $57,600,000;
Under the heading, ‘‘Weapons Procurement, Navy,
1992/1994’’, $36,000,000;
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H. R. 3116—50
Under the heading, ‘‘Other Procurement, Navy, 1993/
1995’’, $66,756,000;
To:
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, ‘‘Shipbuilding and Conversion,
Navy, 1990/1994’’:
AOE combat support ship program, $3,505,000;
Oceanographic ship program, $538,000;
Craft, outfitting, post delivery, and ship special
support equipment, $994,000;
Under the heading, ‘‘Weapons Procurement, Navy,
1993/1995’’, $49,868,000;
Under the heading, ‘‘Other Procurement, Navy, 1993/
1995’’, $58,456,000;
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;
MCM mine countermeasures program, $7,564,000;
T–AGOS surveillance ship program, $58,456,000;
From:
Under the heading, ‘‘Aircraft Procurement, Navy, 1993/
1995’’, $45,700,000;
Under the heading, ‘‘National Guard and Reserve
Equipment, 1993/1995’’, $29,282,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1991/1995’’:
Craft, outfitting, post delivery, and special support
equipment, $3,806,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1992/1996’’:
DDG–51 destroyer program, $41,800,000;
Craft, outfitting, post delivery, and DBOF transfer,
$2,560,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1992/1995’’:
T–AO fleet oiler program, $27,000,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1993/1994’’:
T–AO fleet oiler program, $13,000,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1993/1996’’:
T–AO fleet oiler program, $12,129,000;
Under the heading, ‘‘Weapons Procurement, Navy,
1993/1995’’, $55,932,000;
Under the heading, ‘‘Other procurement, Navy, 1993/
1995’’, $38,062,000;
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H. R. 3116—51
To:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1991/1995’’:
SSN–21 attack submarine program, $237,971,000;
DDG–51 destroyer program, $31,300,000;
From:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1993/1996’’:
T–AO fleet oiler program, $31,371,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1993/1997’’:
DDG–51 destroyer program, $14,400,000;
Refueling overhauls, $909,000;
MHC coastal mine hunter program, $9,343,000;
Craft, outfitting, post delivery, and first destina-
tion 
transportation, 
and 
inflation 
adjustments,
$45,177,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1987/1991’’:
AO conversion program, $256,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1988/1992’’:
LSD–41 cargo variant ship program, $28,250,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1989/1993’’:
T–AO fleet oiler program, $14,184,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1990/1994’’:
LSD–41 dock landing ship cargo variant program,
$30,300,000;
Oceanographic ship program, $410,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1991/1995’’:
LSD–41 dock landing ship cargo variant program,
$27,800,000.
SEC. 8120A. The provision in Public Law 102–396 requiring
that not less than $55,500,000 be made available only for the
Space Nuclear Thermal Propulsion Program is hereby repealed.
SEC. 8121. Notwithstanding any other provision of law, funds
appropriated in this Act for the upgrade, purchase, or modernization
of supercomputing capability and capacity under the High Perform-
ance Computing Modernization program shall only be available
for contracts, contract modifications, or contract options which are
awarded as the result of open competition based upon the require-
ments of the users without regard to the architecture or design
of the supercomputer system.
SEC. 8122. Amounts collected for the use of the facilities of
the National Science Center for Communications and Electronics
during the current fiscal year pursuant to section 1459(g) of the
Department of Defense Authorization Act, 1986 and deposited to
the special account established under subsection 1459(g)(2) of that
Act are appropriated and shall be available until expended for
the operation and maintenance of the Center as provided for in
subsection 1459(g)(2).
SEC. 8123. The Secretary of Defense and the Director of Central
Intelligence shall deliver, in conjunction with the fiscal year 1995
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H. R. 3116—52
budget request, a report providing the following information about
all research and development projects involving the implementation,
monitoring, or verification of current and projected international
arms control agreements: (a) annual and total budgets, goals, sched-
ules, and priorities; (b) relationships among related projects being
funded by the Department of Defense, the National Foreign Intel-
ligence Program, and other departments and agencies of the Federal
Government; and (c) comments by the Arms Control and Disar-
mament 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 lifeboat survival system,
which consists of the lifeboat and associated davits and winches,
if less than 50 percent of the entire system’s components are manu-
factured in the United States, and if less than 50 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 renovation of such a facility in preparation
for such a transfer.
SEC. 8126. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, 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.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contract-
ing with the Department of Defense.
SEC. 8127. In the case of members who separate from active
duty or full-time National Guard duty in a military department
pursuant to a Special Separation Benefits program (10 U.S.C. Sec.
1174a) or a Voluntary Separation Incentive program (10 U.S.C.
Sec. 1175) at any time after the enactment of this Act, the separa-
tion payments paid such members who are also paid any bonus
provided for in chapter 5, title 37, United States Code, during
the same years in which they separate shall be reduced (but in
no event to an amount less than zero) by an amount equal to
any such bonus: Provided, That any future bonus payments to
which such members would otherwise be entitled are rescinded:
Provided further, That this measure will not apply to members
who separate during the last year of a bonus paid pursuant to
chapter 5, title 37, United States Code: Provided further, That
civilian employees of the Department of Defense are prohibited
from receiving voluntary separation payments if such employees
are rehired by another agency of the Federal Government within
one hundred and eighty days of separating from the Department
of Defense.
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H. R. 3116—53
SEC. 8128. Under the heading ‘‘Research, Development, Test
and Evaluation, Army’’ in the Department of Defense Appropria-
tions Act, 1993 (Public Law 102–396), delete the final proviso and
insert in lieu thereof: ‘‘: Provided further, That of the funds appro-
priated in this paragraph, $4,000,000 shall be used only for a
grant to the Assistive Technology Center at the National Rehabilita-
tion Hospital for laboratory and other efforts associated with
research and development and other programs of major importance
to the Department of Defense’’.
SEC. 8129. None of the funds available to the Department
of Defense in this Act shall be used by the Secretary of a military
department to purchase coal or coke from foreign nations for use
at United States defense facilities in Europe when coal from the
United States is available.
SEC. 8130. None of the funds appropriated or otherwise made
available by this Act may be used for a defense technology reinvest-
ment project that is not selected pursuant to the applicable competi-
tive selection and other procedures set forth in chapter 148 of
title 10, United States Code.
SEC. 8131. The appropriation, ‘‘Emergency Response Fund,
Defense’’ made under the heading ‘‘Emergency Response Fund’’
by the Department of Defense Appropriations Act, 1990 (Public
Law 101–165) is amended by inserting the following immediately
after the third sentence: ‘‘In addition to the foregoing, upon a
determination by the Secretary of Defense that such action is nec-
essary, the Fund may be used, in addition to other funds available
to the Department of Defense for such purposes, for expenses of
the Department of Defense which are incurred in supplying supplies
or services furnished in response to natural or manmade disasters.’’.
SEC. 8132. None of the funds appropriated by this Act shall
be available for a contract for studies, analyses, or consulting serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment determines:
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work,
or
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source, or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements
of equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense, who
has been confirmed by the Senate, determines that the award
of such contract is in the interest of the national defense.
SEC. 8133. Not later than January 1, 1994, the Secretary of
the Navy shall transfer, without reimbursement, to the Secretary
of State a tract of land consisting of approximately 10 acres,
together with improvements thereon, which comprise that portion
of the Naval Base, Charleston, South Carolina, bounded by Bain-
bridge Avenue, Holland Street, and Dyess Avenue and known as
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H. R. 3116—54
buildings 646, 646A, 647, 643, 645, and 649, excluding building
644, and all walkways and parking areas associated with such
buildings: Provided, That the real property transferred pursuant
to this section shall be used by the Secretary of State in support
of diplomatic and consular operations: Provided further, That the
exact acreage and legal description of the property to be transferred
under this section shall be determined by a survey approved by
the Secretary of the Navy.
SEC. 8134. (a)(1) The Secretary of Defense shall pay a death
gratuity under this section to each beneficiary under a Servicemen’s
Group Life Insurance policy in the case of each deceased member
of the uniformed services described in paragraph (2).
(2) This section applies with respect to any member of the
uniformed services—
(A) who died on or after October 29, 1992 (the date of
the enactment of the Veterans’ Benefits Act of 1992 (Public
Law 102–568)), and before December 1, 1992 (the effective
date of amendments made by title II of the Act, relating to
veterans’ life insurance programs); and
(B) whose death was in performance of duty.
(b)(1) The amount of the death gratuity payable to a beneficiary
under this section shall be equal to the amount of the life insurance
proceeds paid or payable to that beneficiary under section 1967(a)
of title 38, United States Code, by reason of death of such member.
(2) In the case of a deceased member of the uniformed services
who, before death, affirmatively elected, in writing, to apply for
an increase in SGLI coverage in an amount less than $100,000
under subsection (e) of section 1967 of title 38, United States
Code, the death gratuity paid under this section shall be equal
to the amount of the increase so elected.
(c) A death gratuity may not be paid under this section if
the deceased member, before death, affirmatively elected, in writing,
to apply for increased SGLI coverage under subsection (e) of section
1967 of title 38, United States Code, and, by reason of a provision
of law enacted after October 29, 1992, insurance is payable pursuant
to that election.
(d) A death gratuity shall be payable under this section to
an SGLI beneficiary upon receipt of a written application for the
payment of such gratuity. Any such application must be received
by the Secretary of Defense not later than September 30, 1994.
(e) In addition to amounts otherwise appropriated in this Act,
the amount of $5,300,000 is hereby appropriated for, and shall
be available only for, the payment of death gratuities under this
section. Funds provided under this section shall remain available
until expended for any valid claims received by the Secretary of
Defense not later than September 30, 1994.
(RESCISSIONS)
SEC. 8135. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts in the specified amounts:
‘‘Aircraft Procurement, Army, 1993/1995’’, $42,700,000;
‘‘Procurement 
of 
Ammunition, 
Army, 
1992/1994’’,
$30,181,000;
‘‘Procurement 
of 
Ammunition, 
Army, 
1993/1995’’,
$52,480,000;
‘‘Other Procurement, Army 1992/1994’’, $4,000,000;
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