H. R. 2401—205
SEC. 1108. FUNDING STRUCTURE FOR CONTINGENCY OPERATIONS.
(a) IN GENERAL.—(1) Chapter 3 of title 10, United States Code,
is amended by inserting after section 127 the following new section:
‘‘§ 127a. Expenses for contingency operations
‘‘(a) DESIGNATION OF NATIONAL CONTINGENCY OPERATIONS.—
The funding procedures prescribed by this section apply with respect
to any operation involving the armed forces that is designated
by the Secretary of Defense as a National Contingency Operation.
Whenever the Secretary designates an operation as a National
Contingency Operation, the Secretary shall promptly transmit
notice of that designation in writing to Congress. This section
does not provide authority for the President or the Secretary of
Defense to carry out an operation, but applies to the Department
of Defense mechanisms by which funds are provided for operations
that the armed forces are required to carry out under some other
authority.
‘‘(b) WAIVER OF REQUIREMENT TO REIMBURSE SUPPORT UNITS.—
(1) When an operating unit of the armed forces participating in
a National Contingency Operation receives support services from
a support unit of the armed forces that operates through the Defense
Business Operations Fund (or a successor fund), that operating
unit need not reimburse that support unit for the incremental
costs incurred by the support unit in providing such support, not-
withstanding any other provision of law or Government accounting
practice.
‘‘(2) The amounts which but for paragraph (1) would be required
to be reimbursed to a support unit shall be recorded as an expense
attributable to the operation and shall be accounted for separately.
‘‘(3) The total of the unreimbursed sums for all National Contin-
gency Operations may not exceed $300,000,000 at any one time.
‘‘(c) FINANCIAL
PLAN
FOR
CONTINGENCY
OPERATIONS.—(1)
Within two months of the beginning of any National Contingency
Operation, the Secretary of Defense shall submit to Congress a
financial plan for the operation that sets forth the manner by
which the Secretary proposes to obtain funds for the full cost
to the United States of the operation.
‘‘(2) The plan shall specify in detail how the Secretary proposes
to make the Defense Business Operations Fund (or a successor
fund) whole again.
‘‘(d) INCREMENTAL
COSTS.—For purposes of this section,
incremental costs of the Department of Defense with respect to
an operation are the costs that are directly attributable to the
operation and that are otherwise chargeable to accounts available
for operation and maintenance or for military personnel. Any costs
which are otherwise chargeable to accounts available for procure-
ment may not be considered to be incremental costs for purposes
of this section.
‘‘(e) INCREMENTAL
PERSONNEL
COSTS
ACCOUNT.—There is
hereby established in the Department of Defense a reserve fund
to be known as the ‘National Contingency Operation Personnel
Fund’. Amounts in the fund shall be available for incremental
military personnel costs attributable to a National Contingency
Operation. Amounts in the fund remain available until expended.
‘‘(f) COORDINATION WITH WAR POWERS RESOLUTION.—This sec-
tion may not be construed as altering or superseding the War
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H. R. 2401—206
Powers Resolution. This section does not provide authority to con-
duct a National Contingency Operation or any other operation.
‘‘(g) GAO COMPLIANCE REVIEWS.—The Comptroller General of
the United States shall from time to time, and when requested
by a committee of Congress, conduct a review of the defense contin-
gency funding structure under this section to determine whether
the Department of Defense is complying with the requirements
and limitations of this section.
‘‘(h) DEFINITION.— In this section, the term ‘National Contin-
gency Operation’ means a military operation that is designated
by the Secretary of Defense as an operation the cost of which,
when considered with the cost of other ongoing or potential military
operations, is expected to have a negative effect on training and
readiness.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 127
the following new item:
‘‘127a. Expenses for contingency operations.’’.
(b) FIRST YEAR FUNDING.—There is hereby authorized to be
appropriated for fiscal year 1994 to the fund established under
section 127a(e) of title 10, United States Code, as added by sub-
section (a), the sum of $10,000,000.
Subtitle B—Fiscal Year 1993 Authorization
Matters
SEC. 1111. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED
FISCAL YEAR 1993 DEFENSE APPROPRIATIONS.
(a) AUTHORITY.—The amounts described in subsection (b), total-
ing $5,148,730,000 may be obligated and expended for programs,
projects, and activities of the Department of Defense in accordance
with fiscal year 1993 defense appropriations.
(b) COVERED AMOUNTS.—The amounts referred to in subsection
(a) are the amounts provided for programs, projects, and activities
of the Department of Defense in fiscal year 1993 defense appropria-
tions that are in excess of the amounts provided for such programs,
projects, and activities in fiscal year 1993 defense authorizations.
(c) DEFINITIONS.—For the purposes of this subtitle:
(1) FISCAL YEAR 1993 DEFENSE APPROPRIATIONS.—The term
‘‘fiscal year 1993 defense appropriations’’ means amounts appro-
priated or otherwise made available to the Department of
Defense for fiscal year 1993 in the Department of Defense
Appropriations Act, 1993 (Public Law 102–396).
(2) FISCAL YEAR 1993 DEFENSE AUTHORIZATIONS.—The term
‘‘fiscal year 1993 defense authorizations’’ means amounts
authorized to be appropriated for the Department of Defense
for fiscal year 1993 in the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484).
SEC. 1112. OBLIGATION OF CERTAIN APPROPRIATIONS.
In obligating amounts for fiscal year 1993 defense appropria-
tions that were provided for specific non-Federal government enti-
ties (in the total amount of $176,450,000) for the University
Research Initiatives program under research, development, test,
and evaluation for Defense Agencies, the Secretary of Defense shall
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H. R. 2401—207
have the discretion to make the award of any grant or contract
from those amounts under that program using merit-based selection
procedures.
SEC. 1113. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS
FOR FISCAL YEAR 1993.
(a) AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS.—There
is authorized to be appropriated for fiscal year 1993 for covering
the incremental costs arising from Operation Restore Hope, Oper-
ation Provide Comfort, and Operation Southern Watch, and defi-
ciencies in funding of the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS), and for repairing flood
damage at Camp Pendleton, California, $1,246,928 as follows:
(1) For Military Personnel:
For the Navy, $7,100,000.
(2) For Operation and Maintenance:
(A) For the Army, $149,800,000.
(B) For the Navy, $46,356,000.
(C) For the Marine Corps, $122,192,000.
(D) For the Air Force, $226,400,000.
(E) For the Defense Agencies, $2,000,000.
(F) For the Naval Reserve, $237,000.
(G) For Humanitarian Assistance, $23,000,000.
(H) 
For 
Real 
Property 
Maintenance, 
Defense,
$29,098,000.
(I) For the Defense Health Program, $299,900,000.
(3) For Military Construction:
(A) For the Navy inside the United States, $3,000,000.
(B) For the Navy for family housing inside the United
States, $4,345,000.
(4) For Working Capital Funds:
For 
the 
Defense 
Business 
Operations 
Fund,
$293,500,000.
(b) NATIONAL
SECURITY
EDUCATION
TRUST
FUND
OBLIGA-
TIONS.—There is authorized to be appropriated for fiscal year 1993
from the National Security Education Trust Fund the amount of
$10,000,000.
Subtitle C—Counter-Drug Activities
SEC. 1121. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF OTHER AGENCIES.
(a) EXTENSION OF SUPPORT AUTHORIZATION.—Subsection (a) of
section 1004 of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 374 note) is amended by striking out ‘‘fiscal
years 1991, 1992, 1993, and 1994,’’ and inserting in lieu thereof
‘‘fiscal years 1991 through 1995,’’.
(b) ADDITIONAL TYPE OF SUPPORT AUTHORIZED.—Subsection (b)
of such section is amended by adding at the end the following
new paragraph:
‘‘(10) Aerial and ground reconnaissance.’’.
(c) FUNDING OF SUPPORT ACTIVITIES.—Of the amount author-
ized to be appropriated for fiscal year 1994 under section 301(15)
for operation and maintenance with respect to drug interdiction
and counter-drug activities, $40,000,000 shall be available to the
Secretary of Defense for the purposes of carrying out section 1004
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H. R. 2401—208
of the National Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 374 note).
SEC. 1122. REQUIREMENT TO ESTABLISH PROCEDURES FOR STATE
AND LOCAL GOVERNMENTS TO BUY LAW ENFORCEMENT
EQUIPMENT SUITABLE FOR COUNTER-DRUG ACTIVITIES
THROUGH THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—(1) Chapter 18 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 381. Procurement by State and local governments of law
enforcement equipment suitable for counter-drug
activities through the Department of Defense
‘‘(a) PROCEDURES.—(1) The Secretary of Defense shall establish
procedures in accordance with this subsection under which States
and units of local government may purchase law enforcement equip-
ment suitable for counter-drug activities through the Department
of Defense. The procedures shall require the following:
‘‘(A) Each State desiring to participate in a procurement
of equipment suitable for counter-drug activities through the
Department of Defense shall submit to the Department, in
such form and manner and at such times as the Secretary
prescribes, the following:
‘‘(i) A request for law enforcement equipment.
‘‘(ii) Advance payment for such equipment, in an
amount determined by the Secretary based on estimated
or actual costs of the equipment and administrative costs
incurred by the Department.
‘‘(B) A State may include in a request submitted under
subparagraph (A) only the type of equipment listed in the
catalog produced under subsection (c).
‘‘(C) A request for law enforcement equipment shall consist
of an enumeration of the law enforcement equipment that is
desired by the State and units of local government within
the State. The Governor of a State may establish such proce-
dures as the Governor considers appropriate for administering
and coordinating requests for law enforcement equipment from
units of local government within the State.
‘‘(D) A State requesting law enforcement equipment shall
be responsible for arranging and paying for shipment of the
equipment to the State and localities within the State.
‘‘(2) In establishing the procedures, the Secretary of Defense
shall coordinate with the General Services Administration and other
Federal agencies for purposes of avoiding duplication of effort.
‘‘(b) REIMBURSEMENT OF ADMINISTRATIVE COSTS.—In the case
of any purchase made by a State or unit of local government
under the procedures established under subsection (a), the Secretary
of Defense shall require the State or unit of local government
to reimburse the Department of Defense for the administrative
costs to the Department of such purchase.
‘‘(c) GSA CATALOG.—The Administrator of General Services,
in coordination with the Secretary of Defense, shall produce and
maintain a catalog of law enforcement equipment suitable for
counter-drug activities for purchase by States and units of local
government under the procedures established by the Secretary
under this section.
‘‘(d) DEFINITIONS.—In this section:
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