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cies, Joint Staff or Military Commands in excess of
$1,000,000 unless the senior official of the Office of the
Secretary of Defense with primary responsibility for the
functions being supported or to be supported certifies to
the Assistant Secretary of Defense for Command, Control,
Communications and Intelligence that the functional
requirement(s) is valid and that the system modernization
or development has no unnecessary duplication of other
available or planned AISs: Provided further, That the De-
partment shall develop the capability for open systems in-
tegration of commercial-off-the-shelf (COTS) applications
within the Composite Health Care System (CHCS): Pro-
vided further, That the Department shall limit deployment
of the Defense Blood Standard System (DBSS) to donor
and processing centers, and shall procure, install, and in-
tegrate by April 1, 1994, at two or more CHCS sites an
open system compliant COTS hospital-based blood bank/
transfusion application, with security access by application
function and developed in the same application language
as CHCS: Provided further, That the Department shall
procure and install at all CHCS alpha and beta sites by
April 1, 1994, an open system integrated anatomic pathol-
ogy COTS application with security access by application
function and developed with the same software application
language as CHCS: Provided further, That notwithstand-
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ing any other provision of law, the one time investment
cost, including the procurement or lease of new or
reutilized automatic data processing investment equip-
ment, peripheral equipment and related software, for the
July 16, 1993 DOD Data Center Consolidation Plan shall
not exceed $309,000,000.
SEC. 8023. None of the funds appropriated or made
available by this Act may be obligated for acquisition of
major automated information systems which have not suc-
cessfully completed oversight reviews required by Defense
Department regulations: Provided, That none of the funds
appropriated or made available by this Act may be obli-
gated on Composite Health Care System acquisition con-
tracts if such contracts would cause the total life cycle cost
estimate of $1,600,000,000 expressed in fiscal year 1986
constant dollars to be exceeded.
SEC. 8024. Notwithstanding any other provision of
law, the Secretary of the Navy may use funds appro-
priated to charter ships to be used as auxiliary mine-
sweepers providing that the owner agrees that these ships
may be activated as Navy Reserve ships with Navy Re-
serve crews used in training exercises conducted in accord-
ance with law and policies governing Naval Reserve forces:
Provided, That none of the funds appropriated or made
available in this Act may be used to inactivate, disestab-
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lish, or discontinue the Navy’s Craft of Opportunity Pro-
gram.
Ω140æSEC. 8025. Notwithstanding any other provi-
sion of law, the Department shall competitively award con-
tracts in fiscal year 1994 for at least four new region-
wide, at-risk, fixed price managed care support contracts
consistent with the following requirements: (1) each con-
tract or acquisition shall reflect the major features of the
CHAMPUS Reform Initiative and include provision for
the commanders of major military medical centers to par-
ticipate as the regional lead agents; (2) each such contract
or acquisition shall include a triple option benefit; (3) one
similar contract or acquisition shall cover the State of
Florida (which may include Department of Veterans Af-
fairs’ medical facilities with the concurrence of the Sec-
retary of Veterans Affairs); (4) one similar contract shall
cover the States of Washington and Oregon; (5) each
other such contract or acquisition shall include at least
one complete State; (6) the managed care support con-
tracts for California and Hawaii, Florida, Washington and
Oregon shall not be counted for purposes of the required
four new contracts of acquisitions; and (7) the Depart-
ment shall modify a currently operating CHAMPUS serv-
ice contract to include an at-risk managed health care pro-
vision, to provide services not later than 90 days after en-
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actment of this Act, in the area of Homestead Air Force
Base, to include the Homestead and South Miami Hos-
pitals as institutional providers, with a benefit structure
substantially identical to that established in fiscal year
1993 for the Carswell, Bergstrom and England Air Force
Bases (including a retail pharmacy network available to
Medicare-eligible beneficiaries), said provision to remain
effective as an interim measure until implementation of
the competitive at-risk contract for Florida as required by
this section: Provided further, That none of the funds ap-
propriated, or otherwise made available to the Department
of Defense, by this or any other Act of Congress, shall
be used to implement or administer any changes to the
operating CHAMPUS Reform Initiative-like contracts un-
less the scope of benefits and program management struc-
ture are consistent with the basic CHAMPUS Reform Ini-
tiative design in operation on January 1, 1993: Provided
further, That any law or regulation of a State or local gov-
ernment relating to health insurance, prepaid health
plans, or other health care delivery, administration, and
financing methods shall be preempted and shall not apply
to any contract entered into pursuant to chapter 55 of
title 10, United States Code: Provided further, That any
requirements for the certification of cost effectiveness, ac-
cess and quality of any managed health care programs will
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be construed to require that the certification compare on
a national basis the program to be certified with the stand-
ard CHAMPUS program as determined by the application
of sound actuarial principles: Provided further, That the
Department shall competitively award at least two con-
tracts in fiscal year 1994 for stand-alone, at-risk managed
mental health services in high utilization, high-cost areas,
consistent with the management and service delivery fea-
tures in operation in the Contracted Provider Arrange-
ment (CPA) Tidewater Demonstration.
SEC. 8025. None of the funds appropriated by this Act
may be used to establish new region-wide, at-risk, fixed
price managed care contracts possessing features similar to
those of the CHAMPUS Reform Initiative until such time
as the Secretary of Defense submits to the Congress a plan
to implement a nation-wide managed health care program
for the military health services system: Provided, That the
program shall include, but not be limited to: (1) a uniform,
stabilized benefit structure characterized by a triple option
health benefit feature; (2) a regionally-based health care
management system; (3) cost minimization incentives in-
cluding ‘‘gatekeeping’’ and annual enrollment procedures,
capitation budgeting, and at-risk provider contracts; and
(4) full and open competition for all managed care support
contracts: Provided further, That the implementation of the
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nation-wide managed care military health services system
shall be completed by September 30, 1996.
SEC. 8026. Funds appropriated or made available in
this Act shall be obligated and expended to continue to
fully utilize the facilities at the United States Army Engi-
neer’s Waterways Experiment Station, including the con-
tinued availability of the supercomputer capability: Pro-
vided, That none of the funds in this Act may be used
to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense cer-
tifies to the Armed Services and Appropriations Commit-
tees of Congress that such an acquisition must be made
in order to acquire capability for national security pur-
poses that is not available from United States manufactur-
ers.
SEC. 8027. For the purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law
99–177) as amended by the Balanced Budget and Emer-
gency Deficit Control Reaffirmation Act of 1987 (Public
Law 100–119) and by the Budget Enforcement Act of
1990 (Public Law 101–508), the term program, project,
and activity for appropriations contained in this Act shall
be defined as the most specific level of budget items identi-
fied in the Department of Defense Appropriations Act,
1994, the accompanying House and Senate Committee re-
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ports, the conference report and accompanying joint ex-
planatory statement of the managers of the Committee of
Conference, the related classified annexes and reports, and
the P–1 and R–1 budget justification documents as subse-
quently modified by Congressional action: Provided, That
the following exception to the above definition shall apply:
For the Military Personnel and the Operation and
Maintenance accounts, the term ‘‘program, project, and
activity’’ is defined as the appropriations accounts con-
tained in the Department of Defense Appropriations Act:
Provided further, That at the time the President submits
his budget for fiscal year 1995, the Department of De-
fense shall transmit to the Committees on Appropriations
and the Committees on Armed Services of the Senate and
the House of Representatives a budget justification docu-
ment to be known as the ‘‘O–1’’ which shall identify, at
the budget activity, activity group, and subactivity group
level, the amounts requested by the President to be appro-
priated to the Department of Defense for operation and
maintenance in any budget request, or amended budget
request, for fiscal year 1995.
Ω141æSEC. 8028. Of the funds appropriated to the
Army, $217,600,000 shall be available only for the Re-
serve Component Automation System (RCAS): Provided,
That none of these funds can be expended—
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(1) except as approved by the Chief of the Na-
tional Guard Bureau;
(2) unless RCAS resource management func-
tions are performed by the National Guard Bureau;
(3) to pay the salary of an RCAS program
manager who has not been selected and approved by
the Chief of the National Guard Bureau and char-
tered by the Chief of the National Guard Bureau
and the Secretary of the Army;
(4) unless the Program Manager (PM) charter
makes the PM accountable to the Chief of the Na-
tional Guard Bureau and fully defines his authority,
responsibility, reporting channels and organizational
structure;
(5) to pay the salaries of individuals assigned to
the RCAS program management office unless such
organization is comprised of personnel chosen jointly
by the Chiefs of the National Guard Bureau and the
Army Reserve;
(6) to pay contracted costs for the acquisition
of RCAS unless RCAS is an integrated system con-
sisting of software, hardware, and communications
equipment and unless such contract continues to
preclude the use of Government furnished equip-
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ment, operating systems, and executive and applica-
tions software; and
(7) unless RCAS performs its own classified in-
formation processing: Provided further, That not-
withstanding any other provision of law, none of the
funds appropriated shall be available for procure-
ment of computers for the Army Reserve Component
which are used to network or expand the capabilities
of existing or future information systems or dupli-
cate functions to be provided under the RCAS con-
tract unless the procurement meets the following cri-
teria: (A) only RCAS automated data processing
(ADP) equipment may be procured and only in the
numbers and types allocated by the RCAS program
to each site; (B) the requesting organizational ele-
ment has no computer for stand-alone office auto-
mation usage; (C) replacement equipment will not
exceed the minimum required to maintain the reli-
ability of existing capabilities; (D) replacements will
be justified solely on the cost and feasibility of re-
pairs and maintenance of present ADP equipment as
compared to the cost of replacement; and (E) the
procurement is recommended by both the Chief of
the respective Reserve Component and the Chief of
the National Guard Bureau, and approved by the
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Functional Proponent in the Department of De-
fense.
SEC. 8028. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended for development or procurement of any automated
Computer Aided Logistics system unless specific approval
for such system is provided in writing to the Committees
on Appropriations and Armed Services of the House and
Senate by the Deputy Under Secretary of Defense (Logis-
tics) at least 30 days prior to any contract solicitation.
Ω142æSEC. 8029. None of the funds in this Act may
be available for the purchase by the Department of De-
fense (and its departments and agencies) of welded ship-
board anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufac-
tured in the United States from components which are
substantially manufactured in the United States: Pro-
vided, That for the purpose of this section manufactured
will include cutting, heat treating, quality control, testing
of chain and welding (including the forging and shot blast-
ing process): Provided further, That for the purpose of this
section substantially all of the components of anchor and
mooring chain shall be considered to be produced or manu-
factured in the United States if the aggregate cost of the
components produced or manufactured in the United
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States exceeds the aggregate cost of the components pro-
duced or manufactured outside the United States: Pro-
vided further, That when adequate domestic supplies are
not available to meet Department of Defense requirements
on a timely basis, the Secretary of the service responsible
for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees
on Appropriations that such an acquisition must be made
in order to acquire capability for national security pur-
poses.
SEC. 8029. Notwithstanding any other provision of
law, none of the funds appropriated in this Act may be
used to purchase, install, replace, or otherwise repair any
lock on a safe or security container which protects informa-
tion critical to national security or any other classified ma-
terials and which has not been certified as passing the secu-
rity lock specifications contained in regulation FF–L–2740
dated October 12, 1989, and has not passed all testing cri-
teria and procedures established through February 28,
1992.
Ω143æ(TRANSFER OF FUNDS)
SEC. 8030. Notwithstanding any other provision of
law, the Department of Defense may transfer prior year,
unobligated balances and funds appropriated in this Act
to the operation and maintenance appropriations for the
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purpose of providing military technician and Department
of Defense medical personnel pay and medical programs
(including CHAMPUS) the same exemption from seques-
tration set forth in the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99–177) as
amended by the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 (Public Law 100–119)
and by the Budget Enforcement Act of 1990 (Public Law
101–508) as that granted the other military personnel ac-
counts: Provided, That any transfer made pursuant to any
use of the authority provided by this provision shall be
limited so that the amounts reprogrammed to the oper-
ation and maintenance appropriations do not exceed the
amounts sequestered under the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99–
177) as amended by the Balanced Budget and Emergency
Deficit Control Reaffirmation Act of 1987 (Public Law
100–119) and by the Budget Enforcement Act of 1990
(Public Law 101–508): Provided further, That the author-
ity to make transfers pursuant to this section is in addi-
tion to the authority to make transfers under other provi-
sions of this Act: Provided further, That the Secretary of
Defense may proceed with such transfer after notifying
the Appropriations Committees of the House of Rep-
resentatives and the Senate twenty calendar days in ses-
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sion before any such transfer of funds under this
provision.
SEC. 8030. None of the funds available to the Depart-
ment of the Navy may be used to enter into any contract
for the overhaul, repair, or maintenance of any naval vessel
homeported on the West Coast of the United States which
includes charges for interport differential as an evaluation
factor for award.
SEC. 8031. None of the funds appropriated by this
Act available for the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) shall be available
for the reimbursement of any health care provider for in-
patient mental health service for care received when a pa-
tient is referred to a provider of inpatient mental health
care or residential treatment care by a medical or health
care professional having an economic interest in the facil-
ity to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program for the handi-
capped under subsection (d) of section 1079 of title 10,
United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary
of Defense because of medical or psychological cir-
cumstances of the patient that are confirmed by a health
professional who is not a Federal employee after a review,
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pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient,
the intensity of services required by the patient, and the
availability of that care.
SEC. 8032. All new Department of Defense procure-
ments shall separately identify software costs in the work
breakdown structure defined by MIL–STD–881 in those
instances where software is considered to be a major cat-
egory of cost.
SEC. 8033. During the current fiscal year and there-
after, of the funds appropriated, reimbursable expenses in-
curred by the Department of Defense on behalf of the So-
viet Union or its successor entities in monitoring United
States implementation of the Treaty Between the United
States of America and the Union of Soviet Socialist Re-
publics on the Elimination of Their Intermediate-Range
or Shorter-Range Missiles (‘‘INF Treaty’’), concluded De-
cember 8, 1987, may be treated as orders received and
obligation authority for the applicable appropriation, ac-
count, or fund increased accordingly. Likewise, any reim-
bursements received for such costs may be credited to the
same appropriation, account, or fund to which the ex-
penses were charged: Provided, That reimbursements
which are not received within one hundred and eighty days
after submission of an appropriate request for payment
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shall be subject to interest at the current rate established
pursuant to section 2(b)(1)(B) of the Export-Import Bank
Act of 1945 (59 Stat. 526). Interest shall begin to accrue
on the one hundred and eighty-first day following submis-
sion of an appropriate request for payment: Provided fur-
ther, That funds appropriated in this Act may be used to
reimburse United States military personnel for reasonable
costs of subsistence, at rates to be determined by the Sec-
retary of Defense, incurred while accompanying Soviet In-
spection Team members or inspection team members of
the successor entities of the Soviet Union engaged in ac-
tivities related to the INF Treaty: Provided further, That
this provision includes only the in-country period (referred
to in the INF Treaty) and is effective whether such duty
is performed at, near, or away from an individual’s perma-
nent duty station.
SEC. 8034. Funds available in this Act may be used
to provide transportation for the next-of-kin of individuals
who have been prisoners of war or missing in action from
the Vietnam era to an annual meeting in the United
States, under such regulations as the Secretary of Defense
may prescribe.
Ω144æSEC. 8035. None of the funds available in this
Act to the Department of Defense or Navy shall be obli-
gated or expended for (or to implement) automatic data
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processing, data processing center, central design activity,
DMRD 918, defense information infrastructure, military
or civilian personnel and finance and accounting function
consolidation plans, consolidations, and disestablishment
or realignment plans that impact, in terms of reductions
in force or transfers in military and civilian personnel, end
strength, billets, functions, or missions, the Enlisted Per-
sonnel Management Center, the Naval Computer and
Telecommunications Station and Defense Accounting Of-
fice, New Orleans, and the Naval Reserve Personnel Cen-
ter and related missions, functions, and commands until
sixty legislative days after the Secretary of Defense sub-
mits to the House and Senate Committees on Appropria-
tions a report, including complete review comments and
a certification, by both the Secretary of Defense and the
Comptroller General, justifying and certifying that such
plans and actions: (1) do not consolidate, plan to consoli-
date, disestablish or realign Department of Defense or
Service data processing functions or centers, central de-
sign activities, finance and accounting or military and ci-
vilian personnel functions and activities, or claim savings
from such function and activity consolidations and dis-
establishment, realignment, or consolidation plans, that
are in more than one defense management report plan or
decision or any other Department of Defense or Service
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consolidation, disestablishment, or realignment plan; (2)
utilize criteria primarily weighted to evaluate, measure,
and compare how data processing centers, central design
activities, financing and accounting and military and civil-
ian personnel functions and activities are ranked in terms
of operational readiness, customer satisfaction, and the
most cost effective and least expensive from a business
performance, and regional operations cost standpoint; (3)
will provide equal or better service for DOD customers;
(4) will not adversely impact the quality of life and bene-
fits of the individual service person, dependents, and civil-
ian personnel; and (5) will not adversely impact the mis-
sion and readiness of the Navy and Naval Reserves: Pro-
vided, That none of the provisions in this section shall,
in any way, affect the implementation of the Defense Base
Closure and Realignment Commission recommendations.
Ω145æSEC. 8035. Such sums as may be necessary for
fiscal year 1994 pay raises for programs funded by this
Act shall be derived from funds within the amounts appro-
priated in this Act.
SEC. 8036. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of De-
fense may, by Executive Agreement, establish with host
nation governments in NATO member states a separate
account into which such residual value amounts negotiated
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in the return of United States military installations in
NATO member states may be deposited, in the currency
of the host nation, in lieu of direct monetary transfers to
the United States Treasury: Provided, That such credits
may be utilized only for the construction of facilities to
support United States military forces in that host nation,
or such real property maintenance and base operating
costs that are currently executed through monetary trans-
fers to such host nations: Provided further, That the De-
partment of Defense’s budget submission for fiscal year
1995 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property
maintenance or base operating costs that shall be funded
by the host nation through such credits: Provided further,
That all military construction projects to be executed from
such accounts must be previously approved in a prior Act
of Congress: Provided further, That each such Executive
Agreement with a NATO member host nation shall be re-
ported to the Committees on Appropriations and Armed
Services of the House of Representatives and the Senate
thirty days prior to the conclusion and endorsement of any
such agreement established under this provision.
SEC. 8037. All obligations incurred in anticipation of
the appropriations and authority provided in this Act are
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hereby ratified and confirmed if otherwise in accordance
with the provisions of this Act.
SEC. 8038. None of the funds available to the De-
partment of Defense in this Act shall be used to demili-
tarize or dispose of more than 310,784 unserviceable M1
Garand rifles and M1 Carbines.
SEC. 8039. Notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be
available to pay more than 50 percent of an amount paid
to any person under section 308 of title 37, United States
Code, in a lump sum.
SEC. 8040. None of the funds appropriated by this
Act may be used by the Department of Defense to assign
a supervisor’s title or grade when the number of people
he or she supervises is considered as a basis for this deter-
mination: Provided, That savings that result from this
provision are represented as such in future budget
proposals.
SEC. 8041. Of the funds appropriated by this Act,
no more than $18,500,000 shall be available for the men-
tal health care demonstration project at Fort Bragg,
North Carolina: Provided, That adjustments may be made
for normal and reasonable price and program growth.
SEC. 8042. None of the funds appropriated by this
Act may be used to pay health care providers under the
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Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) for services determined under the
CHAMPUS Peer Review Organization (PRO) Program to
be not medically or psychologically necessary. The Sec-
retary of Defense may by regulation adopt any quality and
utilization review requirements and procedures in effect
for the Peer Review Organization Program under title
XVIII of the Social Security Act (Medicare) that the Sec-
retary determines necessary, and may adapt the Medicare
requirements and procedures to the circumstances of the
CHAMPUS PRO Program as the Secretary determines
appropriate.
SEC. 8043. None of the funds appropriated by this
Act shall be available for payments under the Department
of Defense contract with the Louisiana State University
Medical Center involving the use of cats for Brain Missile
Wound Research, and the Department of Defense shall
not make payments under such contract from funds obli-
gated prior to the date of the enactment of this Act, except
as necessary for costs incurred by the contractor prior to
the enactment of this Act, and until thirty legislative days
after the final General Accounting Office report on the
aforesaid contract is submitted for review to the Commit-
tees on Appropriations of the House of Representatives
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and the Senate: Provided, That funds necessary for the
care of animals covered by this contract are allowed.
SEC. 8044. None of the funds provided in this Act
or any other Act shall be available to conduct bone trauma
research at Ω146æthe Letterman Army Institute of Re-
search any Army Research Laboratory until the Secretary
of the Army certifies that the synthetic compound to be
used in the experiments is of such a type that its use will
result in a significant medical finding, the research has
military application, the research will be conducted in ac-
cordance with the standards set by an animal care and
use committee, and the research does not duplicate re-
search already conducted by a manufacturer or any other
research organization.
SEC. 8045. The Secretary of Defense shall include
in any base closure and realignment plan submitted to
Congress after the date of enactment of this Act, a com-
plete review for the five-year period beginning on Octo-
ber 1, 1993, which shall include expected force structure
and levels for such period, expected installation require-
ments for such period, a budget plan for such period, the
cost savings expected to be realized through realignments
and closures of military installations during such period,
an economics model to identify the critical local economic
sectors affected by proposed closures and realignments of
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military installations and an assessment of the economic
impact in each area in which a military installation is to
be realigned or closed.
Ω147æSEC. 8046. No more than $50,000 of the funds
appropriated or made available in this Act shall be used
for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within
the National Capital Region: Provided, That the Secretary
of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and Senate that
such a relocation is required in the best interest of the
Government: Provided further, That no funds appropriated
or made available in this Act shall be used for the reloca-
tion into the National Capital Region of the Air Force Of-
fice of Medical Support located at Brooks Air Force Base.
SEC. 8046. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
in fiscal year 1994 for construction or service performed
in whole or in part in a State which is not contiguous with
another State and has an unemployment rate in excess of
the national average rate of unemployment as determined
by the Secretary of Labor shall include a provision requir-
ing the contractor to employ, for the purpose of performing
that portion of the contract in such State that is not contig-
HR 3116 PP
uous with another State, individuals who are residents of
such State and who, in the case of any craft or trade, pos-
sess or would be able to acquire promptly the necessary
skills: Provided, That the Secretary of Defense may waive
the requirements of this section in the interest of national
security.
SEC. 8047. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Co-
lumbia may be used for the pay, allowances, and benefits
of an employee as defined by section 2105 of title 5 or
an individual employed by the government of the District
of Columbia, permanent or temporary indefinite, who—
(1) is a member of a Reserve component of the
armed forces, as described in section 261 of title 10,
or the National Guard, as described in section 101
of title 32;
(2) performs, for the purpose of providing mili-
tary aid to enforce the law or providing assistance
to civil authorities in the protection or saving of life
or property or prevention of injury—
(A) Federal service under section 331,
332, 333, 3500, or 8500 of title 10, or other
provision of law, as applicable, or
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(B) full-time military service for his State,
the District of Columbia, the Commonwealth of
Puerto Rico, or a territory of the United States;
and
(3) requests and is granted—
(A) leave under the authority of this sec-
tion; or
(B) annual leave, which may be granted
without regard to the provisions of sections
5519 and 6323(b) of title 5, if such employee
is otherwise entitled to such annual leave:
Provided, That any employee who requests leave under
subsection (3)(A) for service described in subsection (2)
of this section is entitled to such leave, subject to the pro-
visions of this section and of the last sentence of section
6323(b) of title 5, and such leave shall be considered leave
under section 6323(b) of title 5.
SEC. 8048. None of the funds appropriated by this
Act shall be available to perform any cost study pursuant
to the provisions of OMB Circular A–76 if the study being
performed exceeds a period of twenty-four months after
initiation of such study with respect to a single function
activity or forty-eight months after initiation of such study
for a multi-function activity.
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SEC. 8049. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8050. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust
wage rates for civilian employees hired for certain health
care occupations as authorized for the Secretary of Veter-
ans Affairs by section 7455 of title 38, United States
Code.
Ω148æSEC. 8051. During the current fiscal year,
none of the funds appropriated in this Act may be used
to reduce the military or civilian medical and medical sup-
port personnel end strength as of September 30, 1993,
as defined by section 711(c) of Public Law 101–510: Pro-
vided, That none of the funds appropriated in this Act
may be used to reduce the military or civilian medical and
medical support personnel end strength at a base under-
going a partial closure or realignment, where more than
one joint command is located, below the September 30,
1991 level.
SEC. 8051. Notwithstanding any other provision of
law, a qualified Indian Tribal or Alaska Native Corpora-
tion which enters into a joint venture with a qualified small
business concern shall not be denied the opportunity to com-
HR 3116 PP
pete for and be awarded a procurement contract to supply
a product under the program provided for by section 2323
of title 10, United States Code, solely because the Indian
Tribal or Alaska Native Corporation is not the actual man-
ufacturer or processor of the product to be supplied.
SEC. 8052. Of the funds made available in this Act,
not less than Ω149æ$11,679,000 $10,596,000 shall be
available 
for 
the 
Civil 
Air 
Patrol, 
of 
which
Ω150æ$4,642,000
$4,471,000 shall be available for
Operation and Maintenance.
SEC. 8053. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 815th Weather Squadron of the Air
Force Reserve, if such action would reduce the WC–130
Weather Reconnaissance mission below the levels funded
in this Act.
SEC. 8054. During the current fiscal year, with-
drawal credits may be made by the Defense Business Op-
erations Fund to the credit of current applicable appro-
priations of an activity of the Department of Defense in
connection with the acquisition by that activity of supplies
that are repairable components which are repairable at a
repair depot and that are capitalized into the Defense
Business Operations Fund as the result of management
changes concerning depot level repairable assets charged
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to an activity of the Department of Defense which is a
customer of the Defense Business Operations Fund that
became effective on April 1, 1992.
SEC. 8055. (a) Of the funds for the procurement of
supplies or services appropriated by this Act, qualified
nonprofit agencies for the blind or other severely handi-
capped shall be afforded the maximum practicable oppor-
tunity to participate as subcontractors and suppliers in the
performance of contracts let by the Department of De-
fense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by
small business concerns pursuant to section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any
purchases made from qualified nonprofit agencies for the
blind or other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
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Ω151æSEC. 8056. During the current fiscal year and
thereafter, there is established, under the direction and
control of the Attorney General, the National Drug Intel-
ligence Center, whose mission it shall be to coordinate and
consolidate drug intelligence from all national security and
law enforcement agencies, and produce information re-
garding the structure, membership, finances, communica-
tions, and activities of drug trafficking organizations: Pro-
vided, That funding for the operation of the National
Drug Intelligence Center, including personnel costs associ-
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.
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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.
Ω152æSEC. 8059. None of the funds in this Act shall
be obligated for the procurement of Multibeam Sonar
Mapping Systems, and supporting software, not engi-
neered and manufactured in the United States: Provided,
That 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.
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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
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
Ω153æsuch 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
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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
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
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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-
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.
Ω154æ(c) Notwithstanding any other provision of law,
of the amounts available to the Department of Defense dur-
ing fiscal year 1994, not more than $1,352,650,000 may
be obligated for financing activities of federally funded re-
search and development centers.
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(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).
Ω155æSEC. 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 facility or property under the control of the Depart-
ment of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procure-
ment restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials
(ASTM) or American Iron and Steel Institute (AISI)
specifications of carbon, alloy or armor steel plate: Pro-
vided further, That the Secretary of the military depart-
ment responsible for the 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: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of enactment of this Act.
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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-
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-
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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
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-
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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,
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
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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
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.).
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Ω156æSEC. 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
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,
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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
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
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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
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
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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
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
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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
the same time period and the same purposes as the appro-
priation to which transferred.
Ω157æSEC. 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 domestic 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.
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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-
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
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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-
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.
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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-
volving Fund may be used for the purpose of constructing
a Pentagon Maintenance Ω158æFacility, Facility or a Lo-
gistics Support Extension Ω159æ,–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.
Ω160æSEC. 8083. None of the funds available to the
Department of Defense may be obligated or expended for
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construction
of
Ground
Wave
Emergency
Network
(GWEN) sites in Fiscal Year 1994.
Ω161æSEC. 8083. Notwithstanding any other provi-
sion of law, the Naval shipyards of the United States shall
be eligible 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
Pinatubo in the Philippines, shall remain available for ob-
ligation until September 30, 1994, notwithstanding sec-
tion 9003 of that ActΩ162æ: Provided further, That
$5,000,000 of the funds made available by this section shall
be available until September 30, 1995 for expenses associ-
ated 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-
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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
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.
Ω163æSEC. 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
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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.
Ω164æSEC. 8089. (a) IN GENERAL.—Subject to sub-
section (b), the Secretary of the Army may release, dis-
charge, waive, and quitclaim all right, title, and interest
which the United States may have by virtue of the quit-
claim deed dated June 18, 1956, in and to approximately
6.89 acres of real property, with improvements thereon,
in Harris County, Texas.
(b) CONDITION.—The Secretary may carry out 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
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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-
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
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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.
Ω165æSEC. 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
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.
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Ω166æSEC. 8091. (a) Notwithstanding any other pro-
vision of law, not less than $750,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance,
Army’’ in title II of this Act shall be made available until
expended to conduct a demonstration program involving
the Army Senior Reserve Officers’ Training Corps battal-
ion 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-
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-
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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—
(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
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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 Ω167æ$50,000 $25,000.
SEC. 8093. None of the funds appropriated by this
Act shall be available for direct Ω168æor indirect support
of the joint Department of Defense/Department of Energy
Safeguard C contingent nuclear testing program.
Ω169æSec. 8094. In connection with procurements of
petroleum products made by the Department of Defense
with appropriated funds, the Secretary shall consider all
qualified bids from any eligible country under the Carib-
bean 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-
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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.
Ω170æSec. 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 compensated at a rate higher than level three of the
Senior Executive Service.
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.
Ω171æSec. 8097. (a) During the current fiscal year,
none of the appropriations or funds available to the De-
fense Business Operations Fund shall be used for the pur-
chase of an investment item for the purpose of acquiring
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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.
Ω172æSec. 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 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
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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-
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
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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
Government of Peru has paid fair and equitable com-
pensation as described in subsection (b).
SEC. 8099A. None of the funds appropriated by this
Act shall be used for the support of any nonappropriated
funds activity of the Department of Defense that procures
malt beverages, 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
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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
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
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reprogramming is requested has been denied by the Con-
gress.
Ω174æSEC. 8102. None of the funds appropriated by
this Act shall be available for payment of the compensa-
tion of personnel assigned to or serving in the National
Foreign Intelligence Program in excess of 96 percent of
such personnel actually assigned to or serving in the Na-
tional Foreign Intelligence Program on September 30,
1992: Provided, That in making any reduction in the num-
ber of such personnel that may be required pursuant to
this section, the percentage of reductions to Senior Intel-
ligence 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 pur-
suant to this section, the percentage of reductions to posi-
tions 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 De-
partment 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 De-
fense to United States citizens or nationals pursuing ad-
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vanced 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 geographi-
cal locations in the United States of the institutions at
which the recipients are pursuing the aforementioned ad-
vanced degrees.
(c) Not less than 50 per centum of the funds nec-
essary to carry out this section shall be derived from the
amounts available for the University Research Initiatives
Program in ‘‘Research, Development, Test and Evalua-
tion, 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
appropriations into the Reserve for Contingencies of the
Central Intelligence Agency.
SEC. 8104. During the current fiscal year Ω175æand
thereafter, funds appropriated for construction projects of
the Central Intelligence Agency, which are transferred to
another Agency for execution, shall remain available until
expended.
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SEC. 8105. During the current fiscal year Ω176æand
thereafter, monetary limitations on the purchase price of
a passenger motor vehicle shall not apply to vehicles pur-
chased 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 Ω177æand
thereafter, no funds may be made available through trans-
fer, reprogramming, or other means between the Central
Intelligence 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-
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-
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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.
Ω178æSEC. 8109. Notwithstanding any other provi-
sion of law, funds made available in this Act for the De-
fense Intelligence Agency may be used for the design, de-
velopment, and deployment of General Defense Intel-
ligence Program intelligence communications and intel-
ligence information systems at the Unified and Specified
Commands.
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
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.
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(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
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.
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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. Notwithstanding any other provision of
law, none of the funds appropriated for fiscal year 1993
and fiscal year 1994 for the DDG–51 destroyer program
shall be obligated or expended for procurement of the ring
laser gyroscope inertial navigation system under a sole
source contract.
SEC. 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-
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
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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
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-
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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
(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.
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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. 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.
SEC. 8111. 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. 8112. 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
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September 30, 1994, for meeting that service’s financial
commitments for the AWACS RSIP.
SEC. 8113. (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.
(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. 8114. 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. 8115. (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
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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. 8116. The Secretary of Defense is authorized to
use, for foreign military sales otherwise authorized under
Chapter 39, title 22 United States Code or for transfer to
United States Army, Army National Guard, or Army 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. 8117. 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.
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SEC. 8118. 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
appropriation from which transferred: Provided further,
That the amounts shall be transferred between the follow-
ing appropriations in the amounts specified:
From:
Ω179æUnder 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:
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Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1986/1990’’:
MHC coastal mine hunter program,
$3,459,000;
From:
Ω180æUnder the heading, ‘‘Shipbuilding
and Conversion, Navy, 1990/1994’’:
AOE combat support ship program,
$46,000;
Oceanographic
ship
program,
$538,000;
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;
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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:
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’’, 
Ω181æ$28,890,000
$57,600,000;
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Ω182æUnder the heading, ‘‘Aircraft Pro-
curement, 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;
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;
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SSN–21 attack submarine program,
$40,800,000;
DDG–51 
destroyer 
program,
$71,500,000;
MHC coastal mine hunter program,
$9,429,000;
From:
Ω183æUnder the heading, ‘‘Other Procure-
ment, 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’’:
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’’:
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TRIDENT ballistic missile submarine
program, $7,241,000;
DDG–51 
destroyer 
program,
$40,100,000;
MCM mine countermeasures program,
$7,564,000;
Ω184æT–AGOS surveillance ship pro-
gram $58,456,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1991/1995’’:
For craft, outfitting, and post delivery,
$45,865,000;
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;
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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’’, Ω186æ$24,015,000
$100,382,000;
Under the heading, ‘‘Other procurement,
Navy, 
1993/1995’’, 
Ω187æ$102,439,000
$6,044,000;
To:
Under the heading, ‘‘Shipbuilding and
Conversion, Navy, 1991/1995’’:
SSN–21 attack submarine program,
Ω188æ$70,654,000 $237,971,000;
DDG–51 
destroyer 
program,
$31,300,000Ω189æ;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1993/1997’’:
LSD
cargo
variant
ship
program,
$24,500,000.
Ω190æSEC. 8121. None of the funds in this Act are
available for any board, committee, or panel which devel-
ops, sets, defines, or recommends National Foreign Intel-
ligence Program requirements: Provided, That this provi-
sion shall not apply to any such board, committee, or panel
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for which a majority of the members are not career intel-
ligence 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
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).
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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.
Ω191æSEC. 8124. Notwithstanding any other provi-
sion of law, none of the funds appropriated in this or any
other Act shall be used for the purchase of a totally en-
closed lifeboat survival system, which consists of the life-
boat and associated davits and winches, if less than 75
percent of the entire system’s components are manufac-
tured 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
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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
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)).
Ω192æCOMPLIANCE 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
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(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
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-
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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-
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 on 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
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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
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.
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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,
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.
Ω193æSEC. 8131. The appropriations made under the
headings ‘‘Operation and Maintenance, Navy’’ and ‘‘Oper-
ation and Maintenance, Air Force’’ under chapter III of
title XI of the Dire Emergency Supplemental Appropria-
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tions Act, 1992, including disaster assistance to meet the
present emergencies arising from the consequences of Hurri-
cane Andrew, Typhoon Omar, Hurricane Iniki and other
natural disasters, and additional assistance to distressed
communities (Public Law 102–368) are each amended by
inserting ‘‘, the August 8, 1993 earthquake in Guam’’ im-
mediately after ‘‘Typhoon Omar’’ and by striking out ‘‘Sep-
tember 30, 1993’’ and inserting ‘‘September 30, 1994’’ in
lieu thereof.
Ω194æSEC. 8132. The appropriation, ‘‘Emergency Re-
sponse Fund, Defense’’ made under the heading ‘‘Emer-
gency Response Fund’’ by the Department of Defense Ap-
propriations Act, 1990 (Public Law 101–165) is amended
by inserting the following immediately after the third sen-
tence: ‘‘In addition to the foregoing, upon a determination
by the Secretary 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 supply-
ing supplies or services furnished in response to natural
or manmade disasters.’’.
Ω195æSEC. 8133. Of the funds appropriated or other-
wise made available by this Act not more than
$155,000,000 shall be available for payment of the operat-
ing costs of NATO Headquarters.
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Ω196æSEC. 8134. None of the funds appropriated by
this Act shall be available for a contract for studies, analy-
ses, or consulting services entered into without competition
on the basis of an unsolicited proposal unless the head of
the activity 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
(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.
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Ω197æSEC. 8135. Not later than January 1, 1994, the
Secretary of the Navy shall transfer, without reimburse-
ment, to the Secretary of State a tract of land consisting
of approximately 10 acres, together with improvements
thereon, which comprise that portion of the Naval Base,
Charleston, South Carolina, bounded by Bainbridge Ave-
nue, 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 associ-
ated with such buildings: Provided, That the real property
transferred pursuant to this section shall be used by the Sec-
retary of State in support of diplomatic and consular oper-
ations: Provided further, That the exact acreage and legal
description of the property to be transferred under this sec-
tion shall be determined by a survey approved by the Sec-
retary of the Navy.
Ω198æSEC. 8136. Notwithstanding any other provi-
sion of law, the Secretary of Defense shall pay a death gra-
tuity to each Servicemen’s Group Life Insurance (SGLI)
beneficiary of each deceased member of the uniformed serv-
ices 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
payable to each beneficiary under this section shall be equal
to the SGLI paid or payable to such beneficiary under Sub-
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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
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)
Ω199æSEC. 8137. During the current fiscal year and
thereafter, sales of stockpiled material in the National De-
fense Stockpile Transaction Fund in the Defense Business
Operations Fund may be made in amounts not to exceed
$500,000,000 in each fiscal year: Provided, That receipts
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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.
Ω200æSEC. 8138. The Assistant Secretary of Defense
for Health Affairs shall, during the current fiscal year, ini-
tiate a managed health care program for eligible bene-
ficiaries in the area of Homestead Air Force Base: Pro-
vided, That this program shall provide benefits and services
substantially identical to those established to serve bene-
ficiary populations in areas where military medical facili-
ties have been terminated, to include retail pharmacy net-
works 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 January 15, 1994.
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Ω201æ(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;
‘‘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;
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‘‘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.
Ω202æSEC. 8140. In addition to amounts appro-
priated elsewhere in this Act, $25,000,000 is appropriated
for the subsidy 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.
Ω203æSEC. 8141. The Under Secretary of Defense for
Acquisition shall develop a detailed plan and schedule to
implement the transition of the Defense Nuclear Agency and
the integration of its militarily essential functions into the
military services and Advanced Research Projects Agency:
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
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transition plan and schedule not later than February 1,
1994.
Ω204æSEC. 8142. (a) No funds appropriated under
this Act may be obligated or expended for the purpose of
establishing the Antler Military Operations Area, Penn-
sylvania, for the purpose of conducting aerial combat train-
ing operations until the date of the submittal to congres-
sional defense committees of the report referred to in sub-
section (b).
(b)(1)(A) The Secretary of Defense, in consultation
with the Administrator of the Environmental Protection
Agency and the Administrator of the Federal Aviation Ad-
ministration, shall submit to the congressional defense com-
mittees a report on the effect of low-level aircraft training
operations of the Department of Defense on the proposed
Antler Military Operations Area, Pennsylvania.
(B) The Secretary shall submit the report not later
than 6 months after the date of the enactment of this Act.
(2) The report under this subsection shall include the
following:
(A) An assessment of the effect of the training
operations referred to in paragraph (1) on—
(i) the environment of the areas of, and in
the vicinity of, the proposed Antler Military Op-
erations Area, including a detailed assessment of
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the effects of the noise generated by such oper-
ations on the environment of such areas;
(ii) the economy of such areas; and
(iii) the health and safety of persons living
in and around such areas.
(B) A description of the number of aircraft
flights per month that the Secretary anticipates will
occur in the proposed Antler Military Operations
Area.
(C) A description of the number and duration of
such flights per month that the Secretary anticipates
will occur at or below a level that is 500 feet above
the highest ground level of the proposed Antler Mili-
tary Operations Area.
(c) In this section, the term ‘‘congressional defense
committees’’ means the Committees on Armed Services and
the Committees on Appropriations of the Senate and House
of Representatives.
Ω205æSEC. 8143. Notwithstanding any other provi-
sion of law, within 30 days from the enactment of this Act,
the Department of the Navy shall select and take possession
of either LCU–1540 or LCU–1549 from the General Serv-
ices Administration: Provided, That the Navy shall modify
or have modified the selected vessel utilizing commercial
standards that meet United States Coast Guard certifi-
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cation requirements as safe to operate in open ocean as a
cargo vessel: Provided further, That upon completion of all
modifications and certification by the United States Coast
Guard, the Navy shall immediately transfer title of the ves-
sel, at no cost, to the government of American Samoa: Pro-
vided further, That of the funds appropriated in this Act
in title II, Operation and Maintenance, Navy, $1,500,000
shall be available for this purpose: Provided further, That
notwithstanding any other provision of law, funds available
to the Department of Defense shall be made available to pro-
vide transportation of medical supplies and equipment, on
a nonreimbursable basis, to American Samoa.
Ω206æSEC. 8144. Notwithstanding any other provi-
sion of this or any other Act, the total amount obligated
or expended for procurement of the SSN–21 and SSN–22
Seawolf attack submarines may not exceed $4,673,371,000.
Ω207æSEC. 8145. (a)(1) The Comptroller General shall
carry out a study of the cost-effectiveness to the Navy of
the utilization of nuclear-powered aircraft carriers and nu-
clear-powered submarines.
(2) The study shall include—
(A) a comparison of the life-cycle cost of nuclear-
powered aircraft carriers and nuclear-powered sub-
marines with the life-cycle cost of conventionally-pow-
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ered aircraft carriers and conventionally-powered
submarines, as the case may be;
(B) a comparison of the cost of procuring nu-
clear-powered aircraft carriers with the cost of carry-
ing out the service-life extension or complex overhaul
of existing conventionally-powered aircraft carriers;
(C) a comparison of the projected cost to the
Navy of operating a fleet of aircraft carriers utilizing
homeports located at foreign overseas installations
with the projected cost of operating such a fleet utiliz-
ing both foreign overseas homeports and homeports lo-
cated in the United States;
(D) an assessment of the effect on the projected
costs referred to in subparagraph (C) of—
(i) the plan, if any, of the Navy for the lo-
cation of a homeport for a nuclear-powered air-
craft carrier in the Western Pacific region in the
event of the retirement of all conventionally-pow-
ered aircraft carriers in the fleet; and
(ii) restrictions imposed by foreign nations
on utilizing installations located in such nations
as homeports for nuclear-powered aircraft car-
riers, and on the operation of such carriers in
the waters of such nations;
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(E) an assessment of the number of aircraft car-
riers required by the Navy in order to meet oper-
ational requirements for a continuous presence of air-
craft carriers in three overseas regions simultaneously
in the event that foreign nations prohibit the utiliza-
tion of locations in such nations as homeports for nu-
clear-powered aircraft carriers;
(F) an assessment of the refueling (including any
complex overhaul of the fueling system and nuclear
propulsion system) required for the nuclear-powered
aircraft carriers of the fleet through 2010, includ-
ing—
(i) a schedule for such refueling;
(ii) the cost of such refueling; and
(iii) the cost of disposing of the waste gen-
erated by such refueling;
(G) a detailed description of all programs of the
Department of Defense and of the Department of En-
ergy relating to nuclear propulsion systems for naval
ships (including surface ships and submarines) that
utilize such systems; and
(H) a detailed estimate of the costs associated
with processing or otherwise disposing of nuclear fuel
and other nuclear material (including nuclear waste)
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from the existing nuclear-powered fleet of ships (in-
cluding surface ships and submarines) of the Navy.
(3) In determining the life-cycle costs associated with
nuclear-powered aircraft carriers and nuclear-powered sub-
marines for the purposes of the study under this subsection,
the Comptroller General shall take into account the cost of
processing or otherwise disposing of nuclear fuel and other
nuclear material (including nuclear waste) removed from
such aircraft carriers and submarines.
(b) The Comptroller General shall submit to the Com-
mittees on Armed Services and the Committees on Appro-
priations of the Senate and House of Representatives a re-
port on a study carried out under subsection (a) not later
than 6 months after the date of the enactment of this Act.
Ω208æSEC. 8146. (a) It is the sense of Congress that—
(1) the Secretary of Defense should not prohibit
any military installation described in subsection (b)
from bidding on or performing Department of Defense
contracts for overhaul services or for depot-level main-
tenance of material for the Armed Forces that are
awarded using competitive procedures;
(2) performance of such a contract by such a
military installation should not affect the schedule for
closure of the installation;
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(3) such a contract should not be entered into for
the performance of work at such an installation if the
time necessary for performance of the contract extends
beyond the date established for closure of the installa-
tion or if the performance of the contract at the in-
stallation would otherwise affect the schedule for clo-
sure of the installation; and
(4) such a contract awarded to a military instal-
lation should be terminated for default if the contract
is not completed on or before the completion date pro-
vided in the contract.
(b) A military installation referred to in subsection (a)
is a military installation that (1) has been approved for
closure subject to the provisions of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Pub-
lic Law 101–510), (2) is in the process of implementing
a conversion or reuse strategy for the installation to take
effect upon closure, and (3) has received some funds from
the Department of Defense for the purpose of implementing
the conversion or reuse strategy.
Ω209æSEC. 8147. It is the sense of the Congress that
operators of industrial facilities at military installations
closed after the date of the enactment of this Act should be
permitted to qualify as offerors for (1) proposed Department
of Defense contracts for overhaul services for the Armed
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Forces, and (2) proposed Department of Defense contracts
for depot-level maintenance of material for the Armed
Forces.
Ω210æSEC. 8148. (a) Notwithstanding any other pro-
vision of law, none of the funds appropriated by this Act
or any other Act, or otherwise made available, to the De-
partment of Defense may be obligated to carry out a test
program for determining the cost effectiveness of transfer-
ring to the private sector the mission of operating one or
more preparatory schools for the United States Military
Academy, the United States Naval Academy, and the
United States Air Force Academy.
Ω211æSEC. 8149. It is the sense of the Senate that the
Government of the United States and the Government of
Saudi Arabia should work diligently and without delay to
resolve satisfactorily the outstanding commercial disputes
identified in the Department of Commerce letter; date May
27, 1992: Provided, That not later than February 1, 1994,
the Secretary of Defense, after consultation with the Sec-
retary of State and the Secretary of Commerce, shall submit
a report to the Congress on the status of the process for the
resolution of commercial disputes in Saudi Arabia and the
prognosis for any of the disputes which remain unresolved.
Ω212æSEC. 8150. It is the sense of the Senate that—
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(a) the Secretary of the Air Force consider the
comments of the appropriate representatives of the
Duck Valley Reservation of the Shoshone-Paiute
Tribes in making decisions on use of airspace above
such reservation,
(b) the interests of the Duck Valley Reservation
of the Shoshone-Paiute Tribes receive the appropriate
consideration under any pending or future National
Environmental Policy Act process involving airspace
over Duck Valley Reservation, and
(c) to the extent practicable, airspace used for
military training flights below 15,000 feet above
ground level over the Duck Valley Reservation shall be
over uninhabited areas of the Reservation.
Ω213æSEC. 8151. Notwithstanding any other provi-
sion of law (including any regulation), with respect to the
public sponsor of a primary levee located in the area that
was affected by major, widespread flooding in the Midwest
during 1993 and that was designed for a 5-year flood or
a higher level flood, the eligibility of the public sponsor of
the levee to receive assistance through the levee rehabilita-
tion assistance program of the Army Corps of Engineers
shall not be affected by the status of participation (or lack
of participation) of the public sponsor in the program. A
public sponsor of a levee who becomes eligible to receive as-
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sistance under the program pursuant to the preceding sen-
tence may, not later than September 30, 1994, submit an
application to participate in the program.
Ω214æSEC. 8152. (a) It is the sense of the Congress
that, for purposes of section 112 of the Internal Revenue
Code of 1986, the President should declare that service in
Somalia during the period described in subsection (b)
should be treated as service in a combat zone.
(b) The period referred to in subsection (a) is the pe-
riod beginning on December 10, 1992, and ending on the
date on which withdrawal from Somalia of all forces of the
Armed Forces of the United States in Somalia has been
completed, as declared in a proclamation issued by the
President.
Ω215æSEC. 8153. CONGRESSIONAL HEARINGS ON THE
COMMITMENT OF UNITED STATES TROOPS IN SOMALIA AND
HAITI.—(a) FINDINGS.—
(1) Public hearings are essential in ensuring
broadbased understanding of and support for United
States policies;
(2) Since United States troops were committed
in Somalia, the original humanitarian mission has
been significantly expanded to include nation-build-
ing, as evidenced in United Nations Security Council
Resolution 814;
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(3) Since the commitment of United States
troops in Somalia, the Senate of the United States
has received only update briefings or has held closed
hearings on United States actions there and has held
only one public hearing;
(4) To date, thirty United States troops have lost
their lives since United States troops were committed
in Somalia;
(5) Since the most recent disaster where eighteen
Americans lost their lives, seventy-six were wounded
and one was captured, the President has announced
his intention to commit several thousand additional
United States troops;
(6) Six American warships sit off the coast of
Haiti and six hundred Americans wait to be deployed
as part of a United Nations peacekeeping force.
(b) SENSE OF SENATE.—It is the sense of the Senate
that—
(1) the appropriate committees of the Senate
should hold public hearings at the earliest practicable
date with the Secretaries of State and Defense as wit-
nesses on the commitment of United States troops in
Somalia and Haiti as members of the United Nations
peacekeeping force; and
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(2) the appropriate committees should promptly
hold investigative, public hearings on the October 3,
1993 incident in Mogadishu, Somalia in which seven-
teen American soldiers were killed and at least sev-
enty-six were wounded as part of the United Nations
peacekeeping operation.
Ω216æSEC. 8154. Notwithstanding any other provi-
sion 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 within the A–6 air-
craft program: Provided, That the Secretary of the Navy
verifies that a mission recorder is required in the future
for Navy attack aircraft for peacetime training and bomb
damage assessment in combat: Provided further, That the
Secretary shall make this verification within sixty days of
this Act becoming law: Provided further, That the Secretary
shall obligate such funds within sixty days of this verifica-
tion that a mission recorder is required in Navy attack air-
craft for peacetime training and bomb damage assessment
in combat.
Ω217æSEC. 8155. The Secretary of Defense shall sub-
mit to Congress an annual report containing information
on the cost to the United States of transporting supplies
for the Army, Navy, Air Force, or Marine Corps by sea
on United States-flag commercial vessels pursuant to the
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cargo preference laws of the United States, including the
amount of the cost savings that could have been realized
if such supplies had been transported at competitive inter-
national shipping rates available from non-cargo preference
vessels, the subsidization of foreign-flag vessels, and the im-
pact on the viability of the United States merchant marine
if the cargo preference requirements were ended. The annual
report shall cover a cargo preference year which shall be
a 12-month period defined by the Secretary.
Ω218æSEC. 8156. None of the funds appropriated for
the Department of Defense for fiscal year 1994 by this Act
may be used for making any progress payment under the
C–17 aircraft program that is not consistent with the re-
quirements of section 2307(d)(1) of title 10, United States
Code.
Ω219æSEC. 8157. No provision of this Act or any other
Act concerning Department of Defense programs, projects,
or activities involving community adjustment assistance,
research or development at colleges or universities, strategic
environmental research, or environmental restoration may
be construed as requiring a contract to be awarded, or as
requiring a grant to be made, to a specific non-Federal Gov-
ernment entity for a new program, project, or activity.
Ω220æSEC. 8158. (a) Is is the sense of Congress that
none of the funds appropriated or otherwise made available
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by this Act should be available for the purposes of deploying
United States Armed Forces to participate in the imple-
mentation of a peace settlement in Bosnia-Herzegovina, un-
less previously authorized by the Congress.
(b) It is the sense of Congress that the limitation set
forth in subsection (a) should not preclude missions and
operations initiated on or before October 20, 1993, includ-
ing the provision of any humanitarian assistance by the
Department of Defense.
Ω221æSEC. 8159. SENSE OF CONGRESS ON THE USE
OF FUNDS FOR UNITED STATES MILITARY OPERATIONS IN
HAITI.—(a) STATEMENT OF POLICY.—It is the sense of the
Congress that—
(1) all parties should honor their obligations
under the Governors Island Accord of July 3, 1993
and the New York Pact of July 16, 1993;
(2) the United States has a national interest in
preventing uncontrolled emigration from Haiti; and
(3) the United States should remain engaged in
Haiti to support national reconciliation and further
its interest in preventing uncontrolled emigration.
(b) LIMITATION.—It is the sense of Congress that funds
appropriated by this Act should not be obligated or ex-
pended for United States military operations in Haiti un-
less—
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(1) authorized in advance by the Congress; or
(2) the temporary deployment of United States
Armed Forces into Haiti is necessary in order to pro-
tect or evacuate United States citizens from a situa-
tion of imminent danger and the President reports as
soon as practicable to Congress after the initiation of
the temporary deployment, but in no case later than
forty eight hours after the initiation of the temporary
deployment; or
(3) the deployment of United States Armed
Forces into Haiti is vital to the national security in-
terests of the United States, including but not limited
to the protection of American citizens in Haiti, there
is not sufficient time to seek and receive Congres-
sional authorization, and the President reports as
soon as practicable to Congress after the initiation of
the deployment, but in no case later than forty eight
hours after the initiation of the deployment; or
(4) the President transmits to the Congress a
written report pursuant to subsection (c).
(c) REPORT.—It is the sense of Congress that the limi-
tation in subsection (b) should not apply if the President
reports in advance to Congress that the intended deploy-
ment of United States Armed Forces into Haiti—
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(1) is justified by United States national secu-
rity interests;
(2) will be undertaken only after necessary steps
have been taken to ensure the safety and security of
United States Armed Forces, including steps to ensure
that United States Armed Forces will not become tar-
gets due to the nature of their rules of engagement;
(3) will be undertaken only after an assessment
that—
(A) the proposed mission and objectives are
most appropriate for the United States Armed
Forces rather than civilian personnel or armed
forces from other nations, and
(B) that the United States Armed Forces
proposed for deployment are necessary and suffi-
cient to accomplish the objectives of the proposed
mission;
(4) will be undertaken only after clear objectives
for the deployment are established;
(5) will be undertaken only after an exit strategy
for ending the deployment has been identified; and
(6) will be undertaken only after the financial
costs of the deployment are estimated.
(d) DEFINITION.—As used in this section, the term
‘‘United States military operations in Haiti’’ means the
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continued deployment, introduction or reintroduction of
United States Armed Forces into the land territory of
Haiti, irrespective of whether those Armed Forces are under
United States or United Nations command, but does not
include activities for the collection of foreign intelligence,
activities directly related to the operations of United States
diplomatic or other United States Government facilities, or
operations to counter emigration from Haiti.
Ω222æSEC. 8160. Of the funds appropriated for title
III of this Act, $50,000,000 shall be made available for obli-
gation until September 30, 1996 for the Department of De-
fense Pilot Mentor-Protege Program, pursuant to section
831 of the National Defense Authorization Act for fiscal
year 1991 (Public Law 101–510; 10 U.S.C. 2301 note), as
amended: Provided, That funds made available may be used
by a military service or a Defense agency to reimburse costs
incurred by a contractor (or subcontractor) under an ap-
proved contract line item for the provision of mentoring as-
sistance pursuant to an approved Mentor-Protege Program
developmental assistance agreement.
Ω223æSEC. 8161. It is the sense of the Congress that
the United States Department of Justice should investigate
whether any Federal criminal civil rights laws were vio-
lated as a result of (1) the murder of Yankel Rosenbaum
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on August 19, 1991, and (2) the circumstances surrounding
the murder and accompanying riots in Crown Heights.
Ω224æTITLE IX
SEC. 9001. Congress makes the following findings:
(1) The Armed Forces of the United States have
conducted combat operations under the operational
control of foreign commanders on numerous occasions,
including during two World Wars.
(2) Regional security organizations, such as the
North Atlantic Treaty Organization, are premised on
military operations by the forces of a number of na-
tions under an integrated chain of command consist-
ing of officers from member nations.
(3) The end of the Cold War has seen a substan-
tial increase in the conduct of international ‘‘peace-
keeping’’ and ‘‘peace enforcement’’ operations pursu-
ant to decisions of the United Nations Security Coun-
cil under Chapters VI and VII of the United Nations
Charter.
(4) The United Nations has conducted tradi-
tional ‘‘peacekeeping’’ operations successfully over the
years, but the number and size of such operations has
stretched the Organization’s management and over-
sight capabilities thin.
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(5) The United Nations has not yet acquired the
expertise or infrastructure to enable it to effectively
manage ‘‘peace enforcement’’ operations.
(6) Any special agreement negotiated by the
President with the United Nations Security Council
to make units of the United States Armed Forces
available on call to the United Nations must be ap-
proved by the Congress pursuant to the United Na-
tions Participation Act, enacted into law in 1945.
(7) Any decision by the President to place com-
bat forces of the Armed Forces of the United States
under the operational control of foreign commanders,
other than pursuant to the North Atlantic Treaty and
other arrangements in effect at the time of the enact-
ment of this Act, has significant consequences for such
forces, the Congress, and the American people.
SEC. 9002. It is the sense of the Congress that—
(1) the Armed Forces of the United States must
be under the operational control of qualified com-
manders; and must have clear and effective command
and control arrangements; appropriate rules of en-
gagement; and clear and unambiguous mission state-
ments;
(2) the President should consult with Congress
before placing combat forces of the Armed Forces of
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the United States under the operational control of for-
eign commanders, other than pursuant to the North
Atlantic Treaty and other arrangements in effect at
the time of the enactment of this Act; and
(3) the President should submit a report to Con-
gress within 48 hours after placing combat forces of
the Armed Forces of the United States under the oper-
ational control of foreign commanders, other than
pursuant to the North Atlantic Treaty and other ar-
rangements in effect at the time of the enactment of
this Act, setting forth—
(A) the mission of such forces and a clear
explanation of the difference, if any, between the
mission of such forces and the mission of the
forces of other nations participating in the same
military operations;
(B) in a case in which the operation is con-
ducted under the auspices of the United Nations,
an assessment of the United Nations capability
to effectively manage the operation;
(C) an explanation of the United States in-
terest that would be served by and the justifica-
tion for placing such forces under the operational
control of a foreign commander in this instance;
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(D) the command and control arrangements
for the operation of which the forces of the Armed
Forces of the United States are a part;
(E) the number, type and general descrip-
tion of equipment of such forces;
(F) the estimated cost to the United States
of the participation of such forces;
(G) the anticipated duration of the partici-
pation of such forces;
(H) a general description of the rules of en-
gagement for such forces; and
(I) the foreign commander or commanders
involved.
Ω225æTITLE X
SEC. 10001. CONVEYANCE OF KAHO’OLAWE ISLAND, HAWAII,
TO THE STATE OF HAWAII.
(a) PURPOSE.—It is timely and in the interest of the
United States to recognize and fulfill the commitments
made on behalf of the United States to the people of Hawaii
and to return to the State of Hawaii the Island of
Kaho’olawe. Kaho’olawe Island is among Hawaii’s historic
lands and has a long, documented history of cultural and
natural significance to the people of Hawaii reflected, in
part, in the Island’s inclusion on the National Register of
Historic Places and in the longstanding interest in the re-
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turn of the Island to State sovereignty, public access and
use. Congress finds that control, disposition, use and man-
agement of Kaho’olawe is affected with a Federal interest.
It also is in the national interest and an obligation under-
taken by Congress and the United States under this and
other Acts, and in furtherance of the purposes of Executive
Order 10436 (1953), to recognize the cultural and humani-
tarian value of assuring meaningful, safe use of the Island
for appropriate cultural, historical, archaeological and edu-
cational purposes as determined by the State of Hawaii and
to provide for the clearance or removal of unexploded ord-
nance and for the environmental restoration of the Island
for such purposes. Congress also finds it is in the national
interest and an essential element in the Federal Govern-
ment’s relationship with the State of Hawaii to ensure that
the conveyance, clearance or removal of unexploded ord-
nance, environmental restoration, control of access to the
Island and future use of the Island be undertaken in a man-
ner consistent with the enhancement of that relationship,
the Department of Defense’s military mission and the Fed-
eral interest.
(b) MODEL DEMONSTRATION PROJECT.—It is in the
national interest that the clearance or removal of
unexploded ordnance and the environmental restoration of
Kaho’olawe serve as a model demonstration project that in-
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corporates the use of innovative technologies and a remedy
selection process that will expedite and economize such
clearance or removal and environmental restoration while
maintaining meaningful participation by affected parties
and assuring the protection of human health and the envi-
ronment.
(c) CONVEYANCE.—Subject to section 10001(d) and
section 10008(b) of this Act, the United States, through the
Secretary of the Navy (also, hereinafter, ‘‘the Secretary’’),
shall convey and return, without consideration and without
conditions other than those set forth in this title, to the State
of Hawaii all right, title and interest of the United States,
except that interest set forth in section 10002(a)(4) and sec-
tion 10004 of this Act, in and to that parcel of property
consisting of approximately 28,776 acres of land known as
Kaho’olawe Island, Hawaii and its surrounding waters.
Such conveyance of title shall occur no later than 180 days
from the date of enactment of this Act and the appropria-
tion of funds for such purposes described in this title.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the parcel of property to be con-
veyed under section 10001(c) shall be determined by a sur-
vey that is deemed satisfactory by the State of Hawaii in
consultation with the Secretary. The cost of the survey shall
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be borne by the Secretary, making use of funds provided
pursuant to this title.
SEC. 10002. ORDNANCE CLEARANCE OR REMOVAL ON
KAHO’OLAWE ISLAND, HAWAII.
(a) ORDNANCE CLEARANCE OR REMOVAL.—(1) Subject
to section 10008(b) of this Act, the Secretary of the Navy
shall, in compliance with the two-tiered standard of ord-
nance clearance, removal, restoration and safety contained
in subsection (a)(2) of this section—
(A) detect and clear or remove from Kaho’olawe
Island and its adjacent waters, all unexploded ord-
nance, the remains of exploded ordnance, and solid
waste associated with such ordnance or with the use
of Kaho’olawe Island by the United States for bomb-
ing training, gunnery training, or other munitions
training.
(2) Kaho’olawe Island shall be restored for use in ac-
cordance with the following requirements:
(A) TIER ONE RESTORATION AREA.—The entire
Island shall, in a manner consistent with the pur-
poses of this title and with the protection of surface
and below surface historical and cultural sites and
artifacts, be restored to a condition that is reasonably
safe for human access and visitation and in accord-
ance with standard methodologies for such restoration