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ated therewith, shall be provided from the funds appro-
priated to the Department of Defense.
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.
SEC. 8057. During the current fiscal year and there-
after, the Navy may provide notice to exercise options
under the LEASAT program for the next fiscal year, in
accordance with the terms of the Aide Memoire, dated
January 5, 1981, as amended by the Aide Memoire dated
April 30, 1986, and as implemented in the LEASAT con-
tract.
SEC. 8058. During the current fiscal year, net re-
ceipts pursuant to collections from third party payers pur-
suant to section 1095 of title 10, United States Code, shall
be made available to the local facility of the uniformed
services responsible for the collections and shall be over
and above the facility’s direct budget amount.
SEC. 8059. None of the funds in this Act shall be
obligated for the procurement of Multibeam Sonar Map-
ping Systems, and supporting software, not engineered
and manufactured in the United States: Provided, That
HR 3116 RS
the Secretary of the military department responsible for
such 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.
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.
SEC. 8060. During the current fiscal year and there-
after, notwithstanding any other provision of law, the De-
partment of Defense is hereby authorized to develop and
procure the LANDSAT 7 vehicle.
SEC. 8061. None of the funds appropriated in this
Act may be used to fill the commander’s position at any
military medical facility with a health care professional
HR 3116 RS
unless the prospective candidate can demonstrate profes-
sional administrative skills.
SEC. 8062. Of the funds appropriated by this Act for
the Defense Health Program, notwithstanding any other
provision of law, the amount payable for services provided
under this section shall not be less than the amount cal-
culated under the coordination of benefits reimbursement
formula utilized when CHAMPUS is a secondary payor
to medical insurance programs other than Medicare, and
such appropriations as necessary, $20,000,000, shall be
available (notwithstanding the last sentence of section
1086(c) of title 10, United States Code) to continue Civil-
ian Health and Medical Program of the Uniformed Serv-
ices (CHAMPUS) benefits, until age 65, under such sec-
tion for a former member of a uniformed service who is
entitled to retired or retainer pay or equivalent pay, or
a dependent of such a member, or any other beneficiary
described by section 1086(c) of title 10, United States
Code, who becomes eligible for hospital insurance benefits
under part A of title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) solely on the grounds of physical dis-
ability, or end stage renal disease: Provided, That expenses
under this section shall only be covered to the extent that
such expenses are not covered under parts A and B of
title XVIII of the Social Security Act and are otherwise
HR 3116 RS
covered under CHAMPUS: Provided further, That no re-
imbursement shall be made for services provided prior to
October 1, 1991.
SEC. 8063. During the current fiscal year, the Sec-
retary of Defense may accept burdensharing contributions
in the form of money from Japan, the Republic of Korea,
and the State of Kuwait for the costs of local national
employees, supplies, and services of the Department of De-
fense to be credited to applicable Department of Defense
operation and maintenance appropriations available for
the salaries and benefits of national employees of Japan,
the Republic of Korea, and the State of Kuwait, supplies,
and services to be merged with and to be available for the
same purposes and time period as those appropriations to
which credited: Provided, That not later than 30 days
after the end of each quarter of the fiscal year, the Sec-
retary of Defense shall submit to the Congress a report
of contributions accepted by the Secretary under this pro-
vision during the preceding quarter.
SEC. 8064. (a) Funds appropriated in this Act to fi-
nance activities of Department of Defense (DOD) Feder-
ally 
Funded 
Research 
and 
Development 
Centers
(FFRDCs) may not be obligated or expended for an
FFRDC if a member of its Board of Directors or Trustees
simultaneously serves on the Board of Directors or Trust-
HR 3116 RS
ees of a profit-making company under contract to the De-
partment of Defense unless the FFRDC has a DOD ap-
proved conflict of interest policy for its members.
(b) None of the funds appropriated in this Act are
available to establish a new FFRDC, either as a new en-
tity, or as a separate entity administered by an organiza-
tion managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other
FFRDCs and other nonprofit entities.
(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).
SEC. 8065. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of
Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class
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9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications
of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible
for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees
on Appropriations of the House of 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-
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ration, must be accomplished in United States domestic
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. 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
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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.
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.
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.
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,
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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.
(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
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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
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
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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
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
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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
(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
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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. 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.
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
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the Secretary, was incurred in connection with Operation
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
108
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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. 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:
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-
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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.
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
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-
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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,
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-
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volving Fund may be used for the purpose of constructing
a Pentagon Maintenance Facility, Facility or a Logistics
Support Extension,–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.
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.
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
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Pinatubo in the Philippines, shall remain available for ob-
ligation until September 30, 1994, notwithstanding sec-
tion 9003 of that Act: Provided further, 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 modification of facilities to support the
relocation of military training programs from installations
in the Philippines to sites in the United States.
(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. 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.
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
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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
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. 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-
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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.
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
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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. 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.
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-
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-
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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. 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—
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(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
overbilled the Federal Government by an amount which
equals or exceeds $15,000,000.
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
items having an investment item unit cost of not more
than $50,000 $25,000.
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-
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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. 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.
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. 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.
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
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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. 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.
SEC. 8098. (a) The prohibition in section 133(a)(2)
of the National Defense Authorization Act for fiscal years
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
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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. 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
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.
SEC. 8099. (a) FINDINGS.—The Congress finds
that—
(1) the United States Government has not
made adequate efforts to seek the payment of com-
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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
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
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Government of Peru has paid fair and equitable com-
pensation as described in subsection (b).
SEC. 8099. 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-
bia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8100. Notwithstanding any other provision of
law or regulation, the Department of Defense is directed
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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-
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
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in the National Capital Region shall be equal to or exceed
the percentage of reductions to positions outside of the
National Capital Region.
SEC. 8102. (a) Of the amounts available to the Depart-
ment 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, Development, Test and Evaluation, Defense-
Wide’’, and the balance necessary 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
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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
Central Intelligence or the Secretary of Defense has noti-
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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
to the House Committee on Appropriations which justifies
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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-
alignment Commission recommendation concerning the
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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. Not withstanding 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
the establishment of all subordinate units and the reloca-
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tion 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 provi-
sion 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. 8119. (a) The amount expended during fiscal
year 1994 from funds appropriated by this Act or any
prior Department of Defense Appropriations Act shall not
exceed $255,795,000,000.
(b) The Secretary of Defense and the Director of
Central Intelligence shall take such steps as necessary to
ensure compliance with the requirement in subsection (a).
(c) The provisions of the Impoundment Control Act
of 1974 (2 U.S.C. 681 et seq.) shall not apply with respect
to funds appropriated by this Act or any prior Department
of Defense Appropriations Act to the extent necessary to
enable the Secretary of Defense to comply with sub-
section (a).
(d) Any payment required to be made by the Depart-
ment of Defense to a business concern that, but for this
subsection, would be required to be made during Septem-
ber, 1994 may be made during the period beginning on
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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.
SEC. 8109. 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. 8110. None of the funds made available by this
Act shall be available for any Military Department of the
United States to conduct bombing training, gunnery train-
ing, or similar munitions delivery training on the parcel
of land known as Kaho’olawe Island, Hawaii.
SEC. 8111. The Secretary of Defense is authorized to
provide optional summer school programs in addition to
the programs otherwise authorized by the Defense Depend-
ents Education Act of 1978 (Public Law 95–561), and to
charge a fee for participation in such optional education
programs. Optional summer school program fees shall be
made available for use by the Secretary to defray the costs
of summer school operations.
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SEC. 8112. Unobligated balances of the funds appro-
priated 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. 8113. Notwithstanding any other provision of
law, reimbursements received from the North Atlantic Trea-
ty Organization for the E–3 Airborne Warning and Control
System (AWACS) Radar System Improvement Program
(RSIP) attributable to development 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. 8114. (a) None of the funds appropriated or oth-
erwise 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 demilitariz-
ing 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.
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(c) The President may suspend the application of sub-
section (a) during a period of war in which the United
States is a party.
SEC. 8115. None of the funds available to the Depart-
ment 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.
SEC. 8116. (a) No funds available to the Air Force
during fiscal year 1994 may be obligated or expended for
any research, development, test, or evaluation activities to
upgrade the current capabilities of the B–1B bomber unless
the Secretary of Defense certifies to the Congressional de-
fense committees that the entire B–1B upgrade program is
militarily-required, affordable, and fully funded in the Fu-
ture Years Defense Program for fiscal years 1995–2000.
(b) Of the funds appropriated for the Department of
Defense for fiscal year 1993 under the heading ‘‘Research,
Development, Test and Evaluation, Air Force’’ in Title IV
of Public Law 102–396, the following amount is hereby re-
scinded: $31,000,000.
SEC. 8117. The Secretary of Defense is authorized to
use, for foreign military sales otherwise authorized under
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Chapter 39, title 22 United States Code or for transfer to
United States Army, Army National Guard, or Army Re-
serves, articles and services procured for the implementation
of the Italian air defense agreements: 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 section 1050 of
Public Law 102–190 (105 Stat. 1469) is repealed.
SEC. 8118. None of the funds appropriated or other-
wise made available by this or any other Act may be made
available for the Department of Defense to develop, acquire,
by purchase or otherwise, any 52 caliber-variant of the
M109 155mm self-propelled howitzer.
SEC. 8119. 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 fre-
quency satellite and its launch.
(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
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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;
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,
‘‘Shipbuilding
and
Conversion, Navy, 1990/1994’’:
AOE combat support ship program,
$46,000;
Oceanographic
ship
program,
$538,000;
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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;
Under the heading, ‘‘Aircraft Procurement,
Navy, 1993/1995’’, $3,400,000;
Under the heading, ‘‘National Guard and
Reserve Equipment, 1993/1995’’, $21,208,000;
Under the heading, ‘‘Research, Development,
Test 
and 
Evaluation, 
Navy, 
1993/1994’’,
$88,846,000;
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 $57,600,000;
Under the heading, ‘‘Aircraft Procurement,
Navy, 1993/1995’’, $3,400,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1993/1997’’;
Refuelding 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;
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Under the heading, ‘‘Weapons Procurement,
Navy, 1992/1994’’, $36,000,000;
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, ‘‘Other Procurement,
Navy, 1993/1995’’, $68,361,000;
Under the heading, ‘‘Research, Develop-
ment, Test and Evaluation, Navy, 1993/1995’’,
$45,000,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1990/1994’’:
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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;
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, ‘‘Shipbuilding and Con-
version, Navy, 1991/1995’’:
For craft, outfitting, and post delivery,
$45,865,000;
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Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1992/1996’’:
DDG–51 
destroyer 
program,
$41,800,000;
For craft, outfitting, post delivery, and
DBOF transfer, $6,260,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1993/1997’’:
DDG–51 
destroyer 
program,
$14,400,000;
MHC coastal mine hunter program,
$9,343,000;
For craft, outfitting, post delivery, and
first destination transportation, and infla-
tion adjustments, $45,177,000;
Under the heading, ‘‘Weapons Procure-
ment, 
Navy, 
1993/1995’’, 
$24,015,000
$100,382,000;
Under the heading, ‘‘Other procurement,
Navy, 1993/1995’’, $102,439,000 $6,044,000;
To:
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1991/1995’’:
SSN–21 attack submarine program,
$70,654,000 $237,971,000;
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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
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. 8121. Notwithstanding any other provision of
law, funds appropriated in this Act for the upgrade, pur-
chase, or modernization of supercomputing capability and
capacity under the High Performance Computing Mod-
ernization program shall only be available for contracts,
contract modifications, or contract options which are
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awarded without regard to the architecture or design of the
supercomputer system.
SEC. 8122. Amounts collected for the use of the facili-
ties of the National Science Center for Communications and
Electronics during the current fiscal year pursuant to sec-
tion 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 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.
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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 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 peacekleeping facility, or (2) for the ren-
ovation of such a facility in preparation for such a trans-
fer.
SEC. 8124. During the current fiscal year, funds re-
ceived from the sale of tanks and infantry fighting vehicles
under section 21 of the Arms Export Control Act (22 U.S.C.
2761) shall be available for the upgrading of tanks, infantry
fighting vehicles or armored personnel carriers in the man-
ner and to the extent specified by subsections 21(j)(1) and
(2) of that Act (22 U.S.C. 2761(j)(1) and (2)).
SEC. 8125. Amounts appropriated in this Act which
are available for the Small Business Innovation Research
Program and the Small Business Technology Transfer Pilot
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Program portions of the extramural research and develop-
ment budget of the Department of Defense shall be the
amounts specifically identified for those programs in the
supporting documentation accompanying the Budget sub-
mitted for the Department of Defense, notwithstanding sec-
tions 9(f)(1) and (n)(1) of the Small Business Act (15
U.S.C. 638(f)(1) and (n)(1)).
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-
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
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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-
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-
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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 of Tariffs
and Trade or with any other international agreement to
which the United States is a party.
SEC. 8126. None of the funds appropriated by this or
any other Act with respect to any fiscal year for the Navy
may be used to carry out an electromagnetic pulse program
in the Chesapeake Bay area in connection with the Electro-
magnetic Pulse Radiation Environment Simulator for
Ships (EMPRESS II) program unless or until the Sec-
retary of Defense certifies to the Congress that conduct of
the EMPRESS II program is essential to the national secu-
rity of the United States and to achieving requisite military
capability for United States naval vessels, and that the eco-
nomic, environmental, and social costs to the United States
of conducting the EMPRESS II program in the Chesapeake
Bay area are far less than the economic, environmental,
and social costs caused by conducting the EMPRESS II
program elsewhere.
SEC. 8127. Military personnel who separate from a
military department under the Voluntary Separation Ini-
tiative (VSI) or the Special Separation Bonus (SSB), and
who are eligible for service continuation bonuses such as
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the reenlistment bonus or aviation continuation pay during
the same year in which they separate, will receive separa-
tion payments reduced by an amount equal to the amount
of the continuation bonus received by the member in the
year in which the member separates: Provided, That any
future continuation bonus payments to which the member
would otherwise be entitled are rescinded: 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 Fed-
eral Government within one hundred and eighty days of
separating from the Department of Defense.
SEC. 8128. Under the heading ‘‘Research, Develop-
ment, Test and Evaluation, Army’’ in the Department of
Defense Appropriations 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 Rehabilitation Hospital for laboratory
and other efforts associated with research and develop-
ment and other programs of major importance to the
Department of Defense’’.
SEC. 8129. None of the funds appropriated in this Act
may be used to pay for the costs of personnel, operations,
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procurement of supplies or other items in support of the
Marshall Center.
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.
SEC. 8131. The appropriations made under the head-
ings ‘‘Operation and Maintenance, Navy’’ and ‘‘Operation
and Maintenance, Air Force’’ under chapter III of title XI
of the Dire Emergency Supplemental Appropriations Act,
1992, including disaster assistance to meet the present
emergencies arising from the consequences of Hurricane An-
drew, Typhoon Omar, Hurricane Iniki and other natural
disasters, and additional assistance to distressed commu-
nities (Public Law 102–368) are each amended by inserting
‘‘, the August 8, 1993 earthquake in Guam’’ immediately
after ‘‘Typhoon Omar’’ and by striking out ‘‘September 30,
1993’’ and inserting ‘‘September 30, 1994’’ in lieu thereof.
SEC. 8132. The appropriation, ‘‘Emergency Response
Fund, Defense’’ made under the heading ‘‘Emergency Re-
sponse 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 ad-
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dition to the foregoing, upon a determination by the Sec-
retary of Defense that such action is necessary, 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. 8133. Of the funds appropriated or otherwise
made available by this Act not more than $155,000,000
shall be available for payment of the operating costs of
NATO Headquarters.
SEC. 8134. None of the funds appropriated by this Act
shall be available for a contract for studies, analyses, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement 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
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(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
tion, or contracts as to which a civilian official of the De-
partment 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. 8135. Not later than January 1, 1994, the Sec-
retary of the Navy shall transfer, without reimbursement,
to the Secretary of State a tract of land consisting of ap-
proximately 10 acres, together with improvements thereon,
which comprise that portion of the Naval Base, Charleston,
South Carolina, bounded by Bainbridge Avenue, Holland
Street, and Dyess Avenue and known as buildings 646,
646A, 647, 643, 645, and 649, excluding building 644, and
all walkways and parking areas associated with such build-
ings: 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
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property to be transferred under this section shall be deter-
mined by a survey approved by the Secretary of the Navy.
SEC. 8136. Notwithstanding any other provision of
law, the Secretary of Defense shall pay a death gratuity
to each Servicemen’s Group Life Insurance (SGLI) bene-
ficiary of each deceased member of the uniformed services
who died after October 28, 1992 and before December 1,
1992, and whose death was a death in the performance of
duty: Provided, That the amount of the death gratuity pay-
able to each beneficiary under this section shall be equal
to the SGLI paid or payable to such beneficiary under Sub-
chapter III of chapter 19 of title 38, United States Code,
by reason of the death of such member: Provided further,
That no death gratuity shall be paid under this section
where the deceased member of the uniformed services affirm-
atively elected, in writing, to decline to apply for increased
SGLI coverage under paragraph (e) of section 1922A of title
38, United States Code: Provided further, That in the case
of a deceased member of the uniformed services who, prior
to death, affirmatively elected, in writing, to apply for an
increase in SGLI coverage in an amount less than $100,000
under paragraph (e) of section 1922A of title 38, U.S.C.,
the death gratuity paid under this section shall be equal
to the amount of the increase so elected: Provided further,
That a death gratuity shall be payable under this section
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to a SGLI beneficiary upon receipt of a written application
therefor by the Secretary of Defense not later than Septem-
ber 30, 1994: Provided further, That, in addition to
amounts appropriated elsewhere in this Act, $5,300,000 is
appropriated and shall be available only for the settlement
of death gratuity claims under this section.
(TRANSFER OF FUNDS)
SEC. 8137. During the current fiscal year and there-
after, sales of stockpiled material in the National Defense
Stockpile Transaction Fund in the Defense Business Oper-
ations Fund may be made in amounts not to exceed
$500,000,000 in each fiscal year: Provided, That receipts
from such sales as well as available fund balances may be
transferred to any appropriation available to the Depart-
ment of Defense to be merged with and to be available for
the same purposes and same time period as the appropria-
tion to which transferred, or may be deposited to the mis-
cellaneous receipts of the Treasury: Provided further, That
the Secretary of Defense may impose a moratorium on the
acquisition of new material for the National Defense Stock-
pile for the purpose of reducing existing excess material in
the Stockpile.
SEC. 8138. The Assistant Secretary of Defense for
Health Affairs shall, during the current fiscal year, initiate
a managed health care program for eligible beneficiaries in
the area of Homestead Air Force Base: Provided, That this
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program shall provide benefits and services substantially
identical to those established to serve beneficiary popu-
lations in areas where military medical facilities have been
terminated, to include retail pharmacy networks available
to Medicare-eligible beneficiaries: Provided further, That the
Assistant Secretary of Defense for Health Affairs shall
present a plan to implement this program to the House and
Senate Committees on Appropriations not later than Janu-
ary 15, 1994.
(RESCISSIONS)
SEC. 8139. 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, 
1993/1994’’,
$42,700,000;
‘‘Wheeled and Tracked Combat Vehicles, Army,
1993/1995’’, $4,700,000;
‘‘Procurement of Ammunition, Army, 1992/
1994’’, $30,181,000;
‘‘Procurement of Ammunition, Army, 1993/
1995’’, $32,580,000;
‘‘Weapons 
Procurement, 
Navy, 
1992/1994’’,
$15,000,000;
‘‘Weapons 
Procurement, 
Navy, 
1993/1995’’,
$47,500,000;
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‘‘Other 
Procurement, 
Navy, 
1993/1995’’,
$26,600,000;
‘‘Procurement, 
Marine 
Corps, 
1992/1994’’,
$10,285,000;
‘‘Procurement, 
Marine 
Corps, 
1993/1995’’,
$6,508,000;
‘‘Missile Procurement, Air Force, 1993/1995’’,
$57,600,000;
‘‘Other Procurement, Air Force, 1993/1995’’,
$63,206,000;
‘‘Other Procurement, Air Force, 1992/1994’’,
$17,276,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1993/1994’’, $13,100,000.
SEC. 8140. In addition to amounts appropriated else-
where in this Act, $25,000,000 is appropriated for the sub-
sidy of loan guarantees to carry out the program established
under section 1052 of S. 1298 as it passed the Senate on
September 14, 1993: Provided, That such section is enacted
into law.
SEC. 8141. The Under Secretary of Defense for Acqui-
sition shall develop a detailed plan and schedule to imple-
ment the transition of the Defense Nuclear Agency and the
integration of its militarily essential functions into the
military services and Advanced Research Projects Agency:
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Provided, That none of the funds made available by this
Act shall be available to implement changes in current DNA
operations until 30 days after the plan and schedule have
been approved by the Under Secretary of Defense for Acqui-
sition and submitted to the Congressional defense commit-
tees for review: Provided further, That the Under Secretary
of Defense for Acquisition shall submit the aforementioned
transition plan and schedule not later than February 1,
1994.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 1994’’.
Passed the House of Representatives September 29,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
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